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09-10278rRESOLUTION NO. 10278 RESOLUTION AUTHORIZING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF RETAIL SPACE TO 12 ADDITIONAL RESIDENTIAL UNITS AT 700 66TH STREET WEST AND. 6501 WOODLAKE DRIVE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to the planned unit development, final development plan and conditional use permit to allow conversion of approximately 10,000 square feet of retail space into 12 residential units on land generally located at 700 66th Street West and 6501 Woodlake Drive, legally described in the attached Exhibit A and Exhibit B; and WHEREAS, the Planning Commission of the City of Richfield recommended approval of the requested amendment at 700 66th Street West and 6501 Woodlake Drive at its July 27, 2009 meeting, and WHEREAS, this requested amendment at 700 66th Street West and 6501 Woodlake Drive meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd.3; and WHEREAS, the City has fully considered the request for approval of the amended planned unit development, final development plan and conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended planned unit development, final development plan and conditional use permit is issued to allow conversion of approximately 10,000 square feet of retail space into 12 residential units, as described in City Council Letter No. 170, on the Subject Property legally described above. 2. This amended planned unit development, final development plan and conditional use permit at 700 66th Street West and 6501 Woodlake Drive is subject to the following condition: • That the recipient of this amended planned unit development, final development plan and conditional use permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The planned unit development, final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subdivision 9. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August, 2009. Debbie Goettel; Mayor ATTEST: Nancy Gibbs City Clerk EXHIBIT A Parcel 1: Tracts B, C, D and E, Registered Land Survey No. 1634, Files of Registrar of Titles, County of Hennepin. Parcel 2: Tracts A, C, E and G, Registered Land Survey No. 1635, Files of Registrar of Titles, County of Hennepin. The boundaries of said Survey have been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case Nos. 10017 and 17641. Together with all easements, restrictions, covenants, charges and liens contained in that certain Declaration of Easements, Covenants and Restrictions dated August 1, 1985, filed of record in the Office of the County Recorder, Hennepin County, Minnesota, on October 17, 1985, as Document No. 5043157. Together with all rights and easements contained in that certain Ingress and Egress Easement dated September 25, 1985, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota, on February 19, 1986, as Document No. 1705297. Parcel 3: Tracts B and C, Registered Land Survey No. 1679, Files of Registrar of Titles, County of Hennepin, together with easement for pedestrian access as contained in. Easement filed of record August 19, 1996, as Document No. 2734832. EXHIBIT B Parcel 1: Tracts B and F, Registered Land Survey No. 1635, Files of Registrar of Titles, County of Hennepin. (Certificate No. 774824) Parcel 2: Tract A, Registered Land Survey No. 1679, Files of Registrar of Titles, County of Hennepin. (Certificate No. 842449) Together will all easements, restrictions, covenants, charges and liens contained in Declaration of Easements, Covenants and Restrictions dated August 1, 2985, filed of record October 17, 1985, as Document No. 5043157 (A) and filed of record April 20, 1992, as Document No. 2253717 (T). Together with all rights and easements contained in Pedestrian Ingress and Egress Easement Agreement dated August 1, 1996, filed of record August 19, 1996, as Document No. 2734832 (T). Together with all rights and easements as contained in Easement Agreement dated September 25, 2985, filed of record February 19, 1986, as