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1954-348r~~ G i~ RESOLUTION N0. 348 RESOLUTION AUTHORIZING THE CONVEYANCE ~' A PORTION OF AUGSBURG PARK TO INDEPENDENT SCHOOL DISTRICT N0. l~ WHEREAS, the pillage of Richfield is now the owner of the follow.. ing described property in the County of Hennepin, State of Pti.nnesota, to- wit: The Westerly three hundred seventy-five (375) feet of the following: ~y &11 that part of Lot Four (4) in Seai~.on Thirty-four (34) lying East of a line drawn from a point i.n the North line thereof nine hundred ninety-two and 27 /00 (992.27) feet West of the Northeast cornerof said Lot Four (4) to a point in the South line of said Lot Four (4) nine hundred and ninety-one ands /10 (991.5) feet West of the Southeast corner, Sec. 34 all in Township twenty-eight (28 ), of Range Twenty-four (24)~ ac- cording to the government survey thereof, except~..ng ar.~i reserving the strip of land fifer (50) feet wide granted as a right of way to the Minneapolis, Northfield and Southern Railway under and by virtue and subject to the conditions of that certain deed frwn Charles Oliver of date December 16, 1918, and re- corded in the office of the Register of Deeds of said County of Hennepin in Book 8$b of Deeds, page 595, and subject to the public highways, and: That part of Government Lots Four (4) and Five (5), Secta.on Thirty-four (34) Township Twenty-eight (26 ), Range Twenty-four (24), described as follows: Commencing at a point on the south line of said Government Lot Four (4}, a distance of 991.5 feet west from the Southeast corner of said Government Lot Four (4); thence North 1315.30 feet to a point on the North line of said Government Lot Four (4) a distance of 992.27 feet West from the Northeast corner of said Government Lot Four .(!~) thence west' along the North line of said Govern- ment Lot Four (4) to the East line of the R~.nneapolis~ North- field and Southern Railroad Right of Way; thence South along the East line of said Right of Way to a point on the South line of said Government Lot Five (5); thence East a1 ong the South lines of Government Lots Five and Four (5 and 4) to the place of beginning; except the North Thirty-three (33) feet thereof being Bart of College Avenue as shown on the original plat of Augsburg Park. and TniHEREAS, said property now comprises a part of Augsburg Memorial Park adjacent to the site of a senior high school being constructed by ?n- dependent School District No. 12 of Hennepin County, Ndnnesota, and ~~ H ~ '.~ l -2- Resolution No. 3118 Cont. said Augsburg Memorial Park is subject to pertain restric- TnRiE ~' S , tive convenants as set forth in a deed dated Larch 3, 1954, f~-led in the office of the Registrar of Titles of Hennepin County, Minnesota as docu- went No. la.1.7989, and said Tndepent~ent School Da.strict No. 12 has requested that WHEREAS , said land be made available as a location for publa.c school athletic and i recreational facilities, and WHERE~.S, in the opinion of this Council this use of said property would not conflict with the use of the balance of said park for park pur- K poses, and would be a desirable public use of said property, and TniHERE~S, said property isnot now needed for park purposes aril said k use of said proper~Ly would be a paramount public use of laid property, and j WHERE~-S, Minnesota Statutes Annotated, Seeti.on 45.035 authox3zes~ r the conveyance of public properties by authority of the governing body to another governmental subdivision or public corporta.on without Qotgsidera- R tion. NQnT THERM' dRE, BE TT RESOLVED by the Village Council of the Village of Richfield, as follows: ~~ That said-lands above described be, and the same are hereby, authoritied to be conveyed to Sndependent School District No. YL of Herne- ' ~ pin County, Minnesota without consideration but subject to such restric- bons as are contained in said document No;. 1~d.7969, and subject to the ~ use of said property by the grantee for park, athletao s. recreational F purposes and such uses as are incidental. and customary in Conn®ata.on therewith, with a provision for reversion and ri ght of re-entry in. th® event tha t such propert~r is not so used. ~: Passed by the Village Council this loth day of Nlay~ 1954. A~7:TEST a . , ugen illa.ge Jerk