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78-5884R161 RESOLUTION NO. 5884 .RESOLUTION AUTHORIZING EXECUTION OF DOC'Uh'fENTATION PROVIDING FOR ACQUISITIODd OF EASEP~EDITS ON HUB SHOPPING PROPERTY BE IT RESOLVED by the City Council o.f the City of Richfield as follows: 1. A set of easement agreements and other. related documents providing for transfer to the City of P.ichfield of certain ease- ments on property at the Hub Shopping Center are hereby given clerk's file number 9819 and is ordered to be placed on file. 2. The city mayor, manager, finance officer, attorney and other appropriate officials of the City of Richfield are hereby authorized and directed to execute such documents and. to take _ such further actions as are necessary to give effect to provisions thereof_ . Such authority is granted, however, subject to the following conditions: A. That the agreement between United National Corporation and the city, relating to the existing 65th Street and the .new 65th Street right-of-way, in paragraph 1, be amended to delete any language which undertakes to predetermine the basis upon which special assessments will be levied. .f or LHN improvements. B. That in paragraph 2 of that agreement, language be added so as to grant the city the ria_ht to enter upon the right-of-way o.f the new 65th Street and to continence construction as soon as the ordinance vacating the existing 65th Street has been adopted and the 30-day period, after its publication, has expired.. C. That the letter agreement, providing for the dismissal of condemnation proceedings for an easement along Nicollet Avenue, be amended so that the city is not obligated to dismiss such proceedings unless it receives an easement for the public amenities along Nicollet h.venue which is acceptable to the city. 162 Resolution No. 5884 i -2- Passed by the City Council '~of the City of Richfield, Minnesota, this 21st day of March, 1978. ~~ ATTEST: `G j ~`~- Thomas J. Mor City Clerk Resolution No. 5884 lb3 EYIIIBI'F' z1 "~.~jlr ~tt~e~ttttx~ :Ilrzde this ................ 2.Qth........:...........dar o PiarCh 19.78...., ~ ./ f .........................................._........ I Letueen ..CITY.._Oi:.._FtICTTI'I,FLT),...,.fnrnt.~rlv._..kn~?~fn... ~},s,._."'~h,e_._.V~,1.Iage,,.o,E..,Rch`.ie.ld,,__ IIennepin County" municipal a~corporation under the Laws of the State of_............ ~~~?[nC c>.I a j paaty of Lhe fzrst fart, arLr1 I ...:................... RICFIPZELV... D1.VELOf?GLt~!T... CORPOT:F1`l;IU:k............................................................................................................ a corporation under the laws of the State of........r~nne.sota party of thz second part, ~ UT11fttC55¢f~j Phut the said parh~ of the first part, in corwideration of the sum of _One...,Do,llar,_,,,($~1,._~0.~....,ancl.._other,,,,goocl..._and.,,valuable,,,consderzt,ion__ ~~~~~~ to it in hand paid Z>y tha said party of the second part, tlLe receipt. whereof is hereby achno:r•Zed;ed, I does hereby Grant, Bar6ufn, Quitclaim, and Conaey unto lhr, saki pa.rtz/ of the second. pert, ifs successors and assi¢ns, Forgoer, all the tract............or f;arcel........ of Zo.rra. l;/i.n~ rznrl be n~ in Zhc County of._ ..................._ _.•,,,,,,,,,,,,,,, FIennep.7,Z1__....,,,,,,,,,,,.,.....and State of dlinnesota, clescri.Led as follov.~s, to-wit: That part of the following described property, to-wit: All that part of Section 28, Township ?_8, Range 24, descr_ihed as follows, to-wit: Beginning at a point marked "Judicial Landmark . No. ZO" on the east and west quarter line of: said section distant 410 feet west measured along said "line from the east quarter corner of said section; thence south at right angles to said east and ~•;est quarter line 74.fi feet to a point marked "Judicial Landmark No. 11" on the original riilitary Reservation line;. thence south 79° 38' west 140.14 feet to a point marked "Judicial Landmark No. 12"; thence south 7° 10' west 115.44 feet to a point marked "Judicial Landmark No. 13"; thence north 71° 32' west 585.9 feet to a point marked "Judicial Landmark No. 14", which is .the actual point of beginning of the land to be described; thence north l3° east 333.15 feet to a point marked "Judicial Landmark No. 18"; thence continuing on an extension of said line 665 feet, more or less, to its point of intersection caith a line between a point marked "Judicial Landmark No. 21" on the westerly meander. line of Grass Lake and a point marY.ed "Jud=ici.al Landmark No. 8", marking an angle point in the mean center line of Grass Lake; thence north 71° 44' east along said 'line a distance of 104 feet more or less to said point marked "Judicial Landmark No. 8"; thence northwesterly along the mean center line of said Grass Lake , to its intersection with the north line of Government Lot 5 extended, which said point is marked "Judicial Landmark No. 7"; thence west along said extension o.f the north line of Government Lot 5 a distance of 206.3 feet; thence southerly to a point on the heretofore. described line .between the point marked "Judicial Landmark r7o. 21" and said point marked "Judicial Landmark PTo. 8", said point on said line being north 71° 44' east of said point marked "Judicial Landmark DTo. 21", a distance of 49 feet; thence south 1° I1' east.l28 feet more or less to the intersection of the extension eastward of the south line of Sixty-fifth Street as . laid out in the plat of Silverwood Second Addition; thence ?Test along said extension of said south 1Sne of said Sixty-fifth Street 42.3 feet to its intersection with i.}[e east line of. said Silverwood Second Addition; thence south 1° 11' east a distance of 594.7 feet more or less, to a point marked "Judicial Landmark No. 17°; thence continuinc,* south on said line a distance of 33 feet to the point of :i.i[tersecl-i.on with said east-west quarter line, which point of intersection is 1100.43 feet east of the sou-thwest corner of Government I,ot 5, as shot<~n by the plat on file in~Torrens Case Number 1487; thence east along said ~;uarter line 278.81 feet to a point marked "Judicial Landmark :To. 15"; thence south 71° 32' east 104.4 feet to .point of .beginni.ng, except. that part of the property hereinbe£ore described lying south of the following described line: Commencing at: a point he-ref:ofore described as "Judicial Landmark ido. 14"; thence north 13° east 333.15 feet to a point mar?:ed "Judicial Land::~ar.-k AIo. 18"; thence continuinc; on an extension of said line, a uist,ance of 2.05.5 feet to the actual point of beginning of line to be described; thence northwesterly to a point 42.3 feet east of a point heretofore described as the intersection of the south line of sixty--fifth Street as laid out in the plat of Silverwood Second Addition and the east line of Silverc•JOOd Second Addition. lying southwesterly of the following described line to-wit: Conu-r[encing at the intersection at the east line of Silverwood Second Addition and.. the south line o.f T+?est 65th Street; thence east along the easterly extension of said south line of ~•;est 65 t1: Street 42.3 Seet; __ _ thence south 74_° 19' 32" east 236.17 feet to the actual point of beginning of the line to be described; thence north 50° 11' 27" ~~>est -_- ~ ~ --~-~-~- - ~- to the westerly line of the above dPSrer; har7 tr,r,+ i64 rxIIIBI'1' II _ ~ ~lfatZa this ..........................._............._...:....da~ of................................._..................., 19....,...., a ~~ t R C IPIDI~~i;~~ 20th March 78 between ELI) DEVELOT_'PISNT CORFO?E: t'IOiV _ 7 ~I I~ a corporatcon under Ehc Zaws o the State o ...................._..........:..............,, ¢rlr c he u,t art, an_% • 7 ~ f f ...:...........nii nresuta P/ f t /' " P ~' . C.z.T.X....Q~'...RT1.CII,... partij of the second pZ.1~.T.,1.? .........................:.............................................................................................................................................:................~ tr/~i}•~~c~4~'~ri~trul the laws of t7ce State of ............... Minnesota ;~. ..................................................................................................................... art, u:l[fttf55eT1) ' That t3ce said part) of tlxe first part, in consider¢tion of tTte suirL of ,.One.•.Dollar•...,(.,Sl_._00.),_•_ancl...other._.,good.•.and valuable consideration,--~p~y;~n3 to it in h¢nd paid' by tho said .party of tree second part, t3ce receipt whereof is hereby aclcnou;lerlyed, does hereby Grant, Iar~ain, Qzeitclaim., and i;'onc~ey 7c it to f7te s¢id party of the seerind p¢7-t, its s:eccessors .................... ..........., all the tract............or parcel......... of lurid iyin~ and being in the County of........................ and assi6ns, Foreser, Iiennepin ¢nd State of Alinnesota, described as follows to-zcit: That part of the following described tract to-wit: P.11 that part of Section 28, Tows;ship 28, Range 24, described. as follows to-wit: Beginning at a point marked "Judicial Landmark . No. 10" on the east and west quarter 7_:i.ne of said section-distani_ 410 fee t, west measured along said line from the east quarter corner of said sect.i.on; thence south at right angles to said east and west, quarter line 74.6 feet to a point marked "Judicial Landmark', No. 11" on the original Military Reservation line; thence .south 79° 38' west 140.14 feet to a point marY.ed "Judicial LandmarklNo. 12"; thence south 7° 10' west 7.15.44 feet to a point marked "Judicial Landmark No. 13"; thence north 71°-32' west 585.9 feet to a paint marked "Judicial Landri~ark No. a4",.which is the actual point of beginning of the land to be described; thence north 13° east 333.15 feet to a point marked "Judicial Landmark No. 18";'thence continuing on an extension of said line 665 feet, more or less, to its point of inte.r.section with a line between u point marked "Judicial LandriarY. *Ib. 21" on the weste-rIy meander' "tine of Grass'. Lake and a point marked "Judicial LandmarY, No. 8", inai:Y,~ an angle point in the mean center line of Crass Lake; thence nor.' 71° 44' east along said line a distance of 104 feet more or less. to said point marked."Judicial Landmark No. 8"; thence northtaeste along the mean center line of said Grass Lake to its intersection with the''north line of Government Lot 5 extended, which said point is marked "Judicial Landmark Ido. 7"; thence west along said extension of the north line of Government Lot 5 a distance of 206.3 feet; thence southerly to a point on the heretofore described line between the point marked "Judicial Landn-lark No. 21" and saidl,point marked "Judicial Landmark No. 8", said point on said line being north 71° 44' east of said point mar:.ed "Judicial Landmark No. 21", a distance of 49 feet; thence south 1° 11' east 128. feet more or less to the intersection of the extension eastward of the south line of Sixty-fifth Street as laid out in the plat of Silvererood Second Addition; thence west along said extension of said south line of said Sixty-fifth Street 42.3 feet to its intersecti_an with .the east line of said Silverwood Second Addition; thence south 1° 11' east a distance of 594.7'feet more or less, to a point marked,"Judicial Landmark PIo_ 17";.thence continuing south on said line a distance of 33 feet to ;the point of intersection •rith said east-west quarter line, o-rh,ich point o` intersection is 1100.43 feet east of the southwest corner of Government Lot ~, as shoran by L-he plat on file in Torrens Case ATumber 1487; thence east along said quarter line 278'_81 feet to a point marked ".7udicial Landmark No. 15"; thence south 71° 32' east 104.4 feet to point of beginning; except that part of_ the property hereinbefore described lying north oflthe following described line: Corvmencing at a point heretofore described as "Judicial Land.^?ark No. 14"; thence north 13'° east 333.15 feet to a point mar}:ed "Judicial. Landmark No. 18";'..thence continuing on an extension of said line, a distance'of 205.5 feet to the actual point of_ beginning of line ~ ~ to be d.esc:~ik>ed; thence no.rt~c~ste~.y t.o a point 42.3 feet east of a point heretofore described as the intersection of the sou'gh' line of Si~t:~-fifth Street as .. ai' out i.n the plat of Si7.verraood -- Second Addition and the east line or Silver~,aood Second Addition. lying northeasterly of the following described boundary line, to-wit: Cofi~mencinq at the northwest corner of the above described tract; thence easterly along the easterly extension o- the. south line of L~lest 65th Street 42.3 feet; thence south 74° 19' 32" east 236.17 feet to the actual point of beginning of the line to be described; thence south 50° 11' 27" east to the east line of the above described tract..