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06-9758r RESOLUTION NO. 9758 RESOLUTION APPROVING SUBDIVISION OF PROPERTY AT 6733 CEDAR AVENUE SOUTH WHEREAS, Irwin Ketroser is the owner of record for certain real property located at 6733 Cedar Avenue South, Richfield, Minnesota, having a tax parcel identification number of 25-028-24-32-0001, and legally described on the attached Exhibit A (the "Property"); and WHEREAS, the City of Richfield has entered into an agreement for the purchase of a portion of the Property; and WHEREAS, the portion of the Property that the City will acquire is located within the existing right of way of Trunk Highway No. 77 (Cedar Avenue) and is not identified as part of tax parcel no. 25-028-24-32-0001 on available tax parcel maps maintainep by Hennepin County; and WHEREAS, in order to complete the transaction contemplated by the Purchase Agreement, the Property must be divided; and WHEREAS, Subsection 500.05, subdivision 2 of the Richfield City Code allows the City Council to approve the subdivision of land without platting under certain circumstances. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council determines that requiring the Property to be platted in order to subdivide the Property would result in an unnecessary hardship upon the owner of the Property, because the owner did not initiate the proposed subdivision and sale of a portion of the Property to the City. 2. The City Council further determines that failure to comply with the platting requirements in this instance will not interfere with the purposes of the platting regulations because the City intends to include the land that it will acquire from the Property, together with other land that the City intends to acquire, in a plat or registered land survey. 3. The City Council hereby approves the lot division of the property to create the two tracts described on the attached Exhibit B. 4. The City Clerk is authorized to make technical corrections to the legal descriptions in Exhibit B as may be required by the office of the Hennepin County Registrar of Titles. After the legal descriptions have been approved and any technical corrections have been made, the City Clerk is directed to file a certified copy of this resolution with the Hennepin County Registrar of Titles. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of May, 2006. ~~\L~ Martin J. Kirs , ayor ATTEST: Exhibit A That part of the Northwest Quarter of the Southwest Quarter lying West of the East 690 feet thereof except the north 233 feet of the West 233 feet of said Northwest Quarter of the Southwest Quarter, all in Section 25, Township 28, Range 24, and except that part of the above described tract lying Easterly of that part thereof taken under condemnation proceedings by the State of Minnesota for highway purposes, more particularly described as: that part thereof which lies within a distance of 60 feet Westerly and 144 feet Easterly of the following described line: from the Southwest corner of Section 36, Township 28, Range 24, West running Northerly on the West line of said Section 36 for 1000 feet; thence deflecting to the right at an angle 90 degrees for 74.5 feet; thence deflecting to the left at angle of 90 degrees 00 minutes for 2893 feet; thence deflecting to the right at an angle of 5 degrees 37 minutes for 1434.45 feet; thence deflecting to the left at an angle of 5 degrees 36 minutes for 1180.86 feet to the point of beginning of the line to be described; thence continue along the last described course for 1363.79 feet and there terminating, together with all that portion of the above described tract lying Westerly of the Westerly boundary of the above described strip and which lies Northeasterly of the following described line: Beginning at a point on a line running parallel with and distant 60 feet Westerly of the above described line, distant 1088.79 feet South of the point of termination of the above described line; thence running Northwesterly to the intersection of the Easterly line of Cedar Avenue with a line running Westerly at right angles to the above described line at a point distant 813.79 feet Southerly of its point of termination (both distances being measured along said line); also together with all that portion lying Easterly of the first above described strip and which lies Westerly of the following described line: Beginning at a point on a line running parallel with and distance 144 feet Easterly of the first above described line at its intersection with the South line of the Northwest Quarter of the Southwest Quarter of said Section 25; thence running Northeasterly to the intersection of a line parallel with and distant 340 feet Easterly of the first above described line with a line running Easterly at right angles to said first above described line, from a point distance 663.79 feet South of its point of termination (when measured along said first above described line) thence running Northerly parallel with and distance 340 feet Easterly of said first above described line to the East and West quarter line of said Section 25. Exhibit B Parcel A (to be retained by Ketroser) That part of the Northwest Quarter of the Southwest Quarter lying West of the East 690 feet thereof except the North 233 feet of the West 233 fe~t of said Northwest Quarter of the Southwest Quarter, all in Section 25, Township 28 North, Range 24 West, Hennepin County, Minnesota and except that part of the above described tract lying Easterly of that part thereof taken under condemnation proceedings by the State of Minnesota for highway purposes, more particularly described as: that part thereof which lies within a distance of 60 feet Westerly and 144 feet Easterly of the following described line: from the Southwest corner of Section 36, Township 28, Range 24, West running Northerly on the West line of said Section 36, for 1000 feet; thence deflecting to the right at an angle 90 degrees for 74.5 feet; thence deflecting to the left at an angle of 90 degrees 00 minutes for 2893 feet; thence deflecting to the right at an angle of 5 degrees 37 minutes for 1434.45 feet; thence deflect to the left at an angle of 5 degrees 36 minutes for 1180.86 feet to the point of beginning of the line to be described; thence continue along the last described course for 1363.79 feet and there terminating, together with all that portion of the above described tract lying Westerly of the Westerly boundary of the above described strip and which lies Northeasterly of the following described line: Beginning at a point on a line running parallel with and distant 60 feet Westerly of the above described line, distant 1088.79 feet South of the point of termination of the above described line; thence running Northwesterly to the intersection of the Easterly line of Cedar Avenue with a line running Westerly at right angles to the above described line at a point distant 813.79 feet Southerly of its point of termination (both distances being measured along said line); also together with all that portion lying Easterly of the first above described strip and which lies Westerly of the following described line: Beginning at a point on a line running parallel with and distance 144 feet Easterly of the first above described line at its intersection with the South line of the Northwest Quarter of the Southwest Quarter of said Section 25; thence running Northeasterly to the intersection of a line parallel with and distant 340 feet Easterly of the first above described line with a line running Easterly at right angles to said first above described line, from a point distance 663.79 feet South of its point of termination (when measured along said first above described line) thence running Northerly parallel with and distance 340 feet Easterly of said first above described line to the East and West quarter line of said Section 25; EXCEPT that part which lies within the following described tract: Commencing at the West Quarter Corner of said Section 25; thence South 00 degrees 03 minutes 22 seconds East along the west line of said Northwest Quarter of the Southwest Quarter for 859.87 feet; thence North 89 degrees 56 minutes 38 seconds East distant 419.87 feet to the point of beginning of Tract B to be described: thence northeasterly for 279.23 feet on a non-tangential curve, concave to the southeast, having a radius of 378 feet, a delta angle of 42 degrees 19 minutes 28 seconds, a chord bearing of North 30 degrees 34 minutes 17 seconds East and a chord length of 272.92 feet to the east line of Tract A; thence North 00 degrees 00 minutes 51 seconds East, along east line of Tract A, for 574.28 feet; thence South 49 degrees 38 minutes 54 seconds West, for 85.11 feet; thence South 06 degrees 15 minutes 07 seconds West, for 300.80 feet; thence deflect to the left on a tangential curve having a radius of 5674.58 feet a delta angle of 02 degrees 16 minutes 26 seconds for 225.21 feet; thence South 03 degrees 58 minutes 41 seconds West, for 164.84 feet; thence deflect to the left on a tangential curve, having a radius of 6536 feet a delta angle of 00 degrees 35 minutes 19 seconds for 67.13 feet to said point of beginning. . Parcel B (to be conveyed to the City) That part of Tract A described below: Tract A. That part of the Northwest Quarter of the Southwest Quarter lying West of the East 690 feet thereof except the North 233 feet of the West 233 feet of said Northwest Quarter of the Southwest Quarter, all in Section 25, Township 28 North, Range 24 West, Hennepin County, Minnesota and except that part of the above described tract lying Easterly of that part thereof taken under condemnation proceedings by the State of Minnesota for highway purposes, more particularly described as: that part thereof which lies within a distance of 60 feet Westerly and 144 feet Easterly of the following described line: from the Southwest corner of Section 36, Township 28, Range 24, West running Northerly on the West line of said Section 36, for 1000 feet; thence deflecting to the right at an angle 90 degrees for 74.5 feet; thence deflecting to the left at an angle of 90 degrees 00 minutes for 2893 feet; thence deflecting to the right at an angle of 5 degrees 37 minutes for 1434.45 feet; thence deflect to the left at an angle of 5 degrees 36 minutes for 1180.86 feet to the point of beginning of the line to be described; thence continue along the last described course for 1363.79 feet and there terminating, together with all that portion of the above described tract lying Westerly of the Westerly boundary of the above described strip and which lies Northeasterly of the following described line: Beginning at a point on a line running parallel with and distant 60 feet Westerly of the above described line, distant 1088.79 feet South of the point of termination of the above described line; thence running Northwesterly to the intersection of the Easterly line of Cedar Avenue with a line running Westerly at right angles to the above described line at a point distant 813.79 feet Southerly of its point of termination (both distances being measured along said line); also together with all that portion lying Easterly of the first above described strip and which lies Westerly of the following described line: Beginning at a point on a line running parallel with and distance 144 feet Easterly of the first above described line at its intersection with the South line of the Northwest Quarter of the Southwest Quarter of said Section 25; thence running Northeasterly to the intersection of a line parallel with and distant 340 feet Easterly of the first above described line with a line running Easterly at right angles to said first above described line, from a point distance 663.79 feet South of its point of termination (when measured along said first above described line) thence running Northerly parallel with and distance 340 feet Easterly of said first above described line to the East and West quarter line of said Section 25; the title thereto being registered as evidenced by Certificate of Title No. 733426. which lies within Tract B described below: Tract B. Commencing at the West Quarter Corner of said Section 25; thence South 00 degrees 03 minutes 22 seconds East along the west line of said Northwest Quarter of the Southwest Quarter for 859.87 feet; thence North 89 degrees 56 minutes 38 seconds East distant 419.87 feet to the point of beginning of Tract B to be described: thence northeasterly for 279.23 feet on a non-tangential curve, concave to the southeast, having a radius of 378 feet, a delta angle of 42 degrees 19 minutes 28 seconds and a chord bearing of North 30 degrees 34 minutes 17 seconds East and a chord length of 272.92 feet to the east line of Tract A; thence North 00 degrees 00 minutes 51 seconds East, for 574.28 feet; thence South 49 degrees 38 minutes 54 seconds West, for 85.11 feet; thence South 06 degrees 15 minutes 07 seconds West, for 300.80 feet; thence deflect to the left on a tangential curve having a radius of 5674.58 feet a delta angle of 02 degrees 16 minutes 26 seconds for 225.19 feet; thence South 03 degrees 58 minutes 41 seconds West, for 164.84 feet; thence southerly for 67.13 feet on a non-tangential curve, concave to the east, having a radius of 6536 feet a delta angle of 00 degrees 35 minutes 19 seconds and a chord bearing of South 8 degrees 24 minutes 44 West seconds and a chord length of 67.13 feet to said point of beginning.