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87-7282R56 RESOLUTION N0. 7282 RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY TO WALSER CORPORATION .WHEREAS, at the October 13, 1986 city council meeting, the city council approved a request of Walser Corporation for a special use pexmit for anew Mazda Automobile Sales and .Service Facility at 7700-7750 Morgan Avenue, 7701 Newton Avenue, and 20.16-2026 West 78th Street subject to several stipulations; and WHEREAS, stipulation No. 11 provided that the Walser Corporation execute a lease for the use of city owned right-of- way within 60 days; and WHEREAS, the Walser Corporation did not execute this lease agreement until February l3, 1987; and WHEREAS, the city recognizes that although the 60 day deadline to execute the lease expired previous to February 13, 1987, the city will nevertheless accept this lease as a condition of the special use permit granted October 13, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. A proposed lease of the 11,276 square feet of the following described tract of land, to wit,: Parcel A. That part of the Southwest Quarter of the Southwest Quarter Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter of Section 33; thence Easterly along the-South line of said Southwest Quarter of the Southwest Quarter of Section 33 a distance of 656.00-feet, more or less, to the West line of Registered Land Survey No. 800, files of the Registrar of Titles, County of Hennepin; thence Northerly along said West line of Registered Land Survey No. 800 a distance of 108.00 feet to the actual point of beginning of the easement to be described, thence continuing Northerly along said West line of Registered Land Survey No. 800 a distance of 12.00 feet, more or less, to the Northeasterly right of way line of Trunk Highway 494, as defined by Doc. No. 3419310; thence on an assumed bearing of N70*30'28"W along said Northeasterly right of way line a distance of 118.94 feet; thence S17*41'59"W a distance of 10.54 feet; thence S27*18'01"E a distance of 28.28 feet; thence 872*18'01"E a distance of 8.50 feet; thence 878*44'02"E a distance of 46.48 feet; thence 884*18'32"E a distance of 48.93 feet, more or less, to the actual point of beginning. Parcel A contains 2673 square feet or 0.061 acres. Parcel B. That i~art of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, ^iinnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter of Section 33; thence Easterly .along the South line of said Southwest Quarter of the Southwest 1, Quarter of Section 33 a distance of 656.0.0 feet, more or less, to the West line of Registered Land ~urvey N.o. 800, files of the Registrar of Titles, County of Hennepin, thence Northerly along said West line of Registered Land Survey No. 800 a distance of 120.00 feet, more or less, to the North- easterly right of way line of Trunk Highway No. 494, as defined by Doc. No. 3419310; thence on an assumed bearing of N70*30'28"W along said Northeasterly right of way line a distance of 148.96 feet to the actual point of beginning of the easement to be described; thence continuing N70*30'28"W along said Northeasterly right of way line a distance of 299.08 feet; thence S26*29'40"E a distance of 35.5fi feet; thence S67*09'46"E a distance of 171.25 feet; thence S72*18'01"E a distance of 83.58 feet; thence N62*41'59"E a distance of 28.28 feet; thence tilr'~-i1'S9''E a distance of 11.48 feet, more or less, to the actual point of beginning. Parcel B contains 8603 square feet or 0.197 acres. to Walser Corporation is hereby ordered to be placed on file. ! 2. It is hereby determined that the premises described in said lease are not presently needed for municipal purposes. ~, 3. It is hereby determined to for the city to Tease such tion for use in connection and such proposed lease is and City Managerlare hereb execute such lease for and Richfield. be necessary and expedient premises to Walser Corpora- with an automobile dealership hereby approved. The Mayor y authorized and directed to on behalf of the City of 4. It is hereby determined that the first year rental for the property shall be $5,500, and the annual rental increase shall not exceed 10%. 5. All rental sums received under the provision of such lease shall be paid into the General Fund. Passed by the City Council of jJthe~ty of Richfield, Minnesota, this 23 day of ', Febr~r lg' i_.._._. n H~inllton Mayor ATTEST: ~ ;. Thomas P. Ferber City ',Clerk !I