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03-09 Resolution No. 11832RESOLUTION NO. 11832 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 6600 NEWTON AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of property commonly known as 6600 Newton Avenue ("Subject Property"), legally described in Exhibit A, and; WHEREAS, the applicant proposes to divide the above -described parcel into two parcels, legally described in Exhibit B, and; WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with City Code Section 500.05 Subdivision 1, requiring the property to be platted, 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. WHEREAS, the City Council finds that failure to comply with minimum lot width and area requirements will not injure the public welfare and that the interests of the City and surrounding area are protected and the general intent and spirit of the subdivision regulations are preserved. 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 is hereby granted. 2. 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 9th day of March, 2021. KoWL RjAm Az- '_ Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk Resolution No. 11832 EXHIBIT A EXISTING PROPERTY DESCRIPTION 070"I ne 101•W'tL[0i17c3 Lot 1, Block 5, " Fairwood Park". Reserving to County of Hennepin a permanent easement for highway purposes over all that part of the above described tract which lies northerly of a line drawn from a point on the west line of Lot 10, Block 5, Fairwood Park distant 20.09 feet southerly of the northwest corner of said Lot 10 to a point on the east line of Lot 1, Block 5, Fairwood Park distant 36.73 feet southerly of the northeast corner of said Lot 1. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northwesterly of the following described line: Commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 46.76 feet to the point of beginning of the line being described; thence westerly parallel with the south line of the above described highway easement a distance of 117.17 feet; thence southwesterly, deflecting left 47 degrees 09 minutes 12 seconds a distance of 24. 74 feet to the west line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. Resolution No. 11832 2 EXHIBIT B PROPOSED PROPERTY DESCRIPTIONS PARCEL 1: The South 68.00 feet of Lot 1, Block 5, "Fairwood Park", Hennepin County, Minnesota Reserving to County of Hennepin a permanent easement for highway purposes per Torrens Certificate of Title No. 1410890, over all that part of the above described tract which lies northerly of a line drawn from a point on the west line of Lot 10, Block 5, Fairwood Park distant 20.09 feet southerly of the northwest corner of said Lot 10 to a point on the east line of Lot 1, Block 5, Fairwood Park distant 36.73 feet southerly of the northeast corner of said Lot 1. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northwesterly of the following described line: Commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 46.76 feet to the point of beginning of the line being described; thence westerly parallel with the south line of the above described highway easement a distance of 117.17 feet; thence southwesterly, deflecting left 47 degrees 09 minutes 12 seconds a distance of 24. 74 feet to the west line of said Lot 1 and said line there terminating Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. PARCEL 2 That part of Lot 1, Block 5, "Fairwood Park", Hennepin County, Minnesota, lying North of the South 68.00 feet thereof. Reserving to County of Hennepin a permanent easement for highway purposes per Torrens Certificate of Title No. 1410890, over all that part of the above described tract which lies northerly of a line drawn from a point on the west line of Lot 10, Block 5, Fairwood Park distant 20.09 feet southerly of the northwest corner of said Lot 10 to a point on the east line of Lot 1, Block 5, Fairwood Park distant 36.73 feet southerly of the northeast corner of said Lot 1. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northwesterly of the following described line: Resolution No. 11832 Commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 46.76 feet to the point of beginning of the line being described; thence westerly parallel with the south line of the above described highway easement a distance of 117.17 feet; thence southwesterly, deflecting left 47 degrees 09 minutes 12 seconds a distance of 24. 74 feet to the west line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. Resolution No. 11832