1956-1082r~~ i
RESOLUTION N0. 1082
RESOLUTION AUTHORIZING THE CONVEYANCE
OF A PORTION OF AUGSBURG PARK TO
INDEPENDENT SCHOOL DISTRICT N0. 12
4 ~ S, the Village of Richfield is now the owner of the
following described property 3.n the County of Hennepin, State of
N~,nneso~a, to wit;
The Easterly fortyy {!~0) feet of the Westerly four
hundred fifteen (t~15) feet of the followings
All that part of Lot Four (~) in Section Thirty-four
(3t~) lying East of a line drawn from a point 3.n the
North line thereof nine hundred ninety-two and 27/100
(992.27) feet West of the Northeast corner of said Lot
Four (~.) to a point in the South line of said Lot
Four (1~) nine hundred ninety-one and 5/10 (991,5) feet
Vest of the Southeast corner, all 3.n Township Twenty-
eight (28), of Range Twenty-four (2!t), according to
the government survey thereof, excepting and reserv3,ng
the strip of land fifty (~) 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 certa3.n deed from Charles
Oliver of date ~cember lb, 1918, and recorded in the
office of the Register of •Deeds of said. County of
Hennepin in Book 886 of Deeds, page 595, and subject
to the public highways, and;
That part of Government Lots Four (1~) and Five (5),
Section Th3:rty-four (3!t}, Township Twenty-eight (28)a
Range Twenty-four (2!~), described as follows: Com-
mencing 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 (1~}; thence
North 1315.30 feet to a point on the North line of said
Government Lot Four (~.) a distance of 992.2? feet West
from the Northeast corner of said Government Lot Four
(1~} thence west along the North line of said Government
Lot Four {1~} to the East line of the Minneapolis,.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 along the South lines of Government Lots Five and
•Four (5 and ?~) to the place of beginning; except the
North Thirty-three (33) feet thereof being part of
Co1].ege Avenue as shown on the original plat of Augsburg
Park.
and '
Resolution Na. 1082 Page 2
~S, said property now comprises a part of Augsburg
Memorial Park adjacent to the site of a senior high school being
constructed by Independent School District No. 12 of Hennepin County,
Minnesota, and
WHEREAS, said Augsburg Memorial Park is sub3ect to certain
restr3.ctive. oovenants as set forth in a deed dated March 3, 19~.,
filed ion the office of the Registrar of Titles of Hennepin County,
Minnesota as document Pto. lt1.7989, and
WHEREAS, said Independent School District No. 12 has
requested that said land be made available as a location for public
school athletic and recreational facilities, and
+' AS, 3n the opinion of this Council this use of said
property would not conflict with the use of the balance of said park
for park purpose, and would be a desirable public use of said property, and
WHEREAS, said property is not now need®d for park purposes and
said use of said property would lee a paramount public use of said property, and
WHEREAS, Minnesota Statutes Annotated, Section l~65,035
authorizes the conveyance of public properties by authority of the
governing body to another governmental subdivision or public corporation
without consideration.
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Richfield, as follows
That said lands above described be, and the same are hereby,
authorized to be conveyed to independent School District No. l2 of
Hennepin County, Minnesota without consideration but sub3ect to such
restrictions as are contain®d 3,n sa3.d document ~To. !t].798q, and sub3ect
to t~~ie uas of said property by the grantee for park, athletic and
recx~ational purposes and such uses as are incidental and custcm~ary in
connection therewith, with a provision for reversion and right of re-entry
in the event that such property is not so used,
Passed by the Village Council of the Village of Richfield
on this 26th day of April, 1956,
c r
D. Ki a ,Mayor
ATTEST: ~.
O. a en, Manager
Pa uge , Vi age C].er