HomeMy WebLinkAbout02-002 - ADMIN Resolution - City Council - 2002/01/07RESOLUTION NO. 02-002
Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, and 01-079
A RESOLUTION AMENDING RESOLUTION 01-079
APPROVED ON AUGUST 20, 2001
APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION
14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR
PROPERTY ZONED "0" OFFICE AND
R-4 MILTIPLE FAMILY RESIDENTIAL LOCATED AT
NORTHWEST QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE AND
FINAL PLAT — POINTE WEST COMMONS ONE AND TWO
WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on
May 1, 2000 Resolution No. 00-060; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and
Final Plat for Pointe West Commons One and Two was received on May 22, 2000 from the
applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD and Plat at its meeting of
June 7, 2000, and
WHEREAS, the Planning Commission recommended approval of the Final PUD and Plat
on a 4-0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 00-075 on June 19, 2000
approving the Final PUD and Final Plat — Pointe West Commons One and Two, and
WHEREAS, on August 7, 2000 an application was received for an amendment to the
preliminary and final plat for Pointe West Commons One and Two and a major amendment to
the approved Planned Unit Development, and
WHEREAS, the Planning Commission held a public heanng, reviewed the amendments
at its meeting of September 6, 2000 and recommended approval of amendments on a vote of 6-0
with all members present voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 00-118 on September 18, 2000
approving an amendment to the preliminary and final plat for Pointe West Commons One and
Two and a major amendment to the approved Planned Unit Development, and
WHEREAS, on January 11, 2001 an application was received for a minor amendment to
the approved Planned Unit Development to increase the setbacks and elevations of two
townhome buildings on 16th Street, and
WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001
approving a minor amendment to the approved Planned Unit Development to increase the
setbacks and elevations of two townhome buildings on 16th Street, and
WHEREAS, on June 18, 2001 an application was received for a major amendment to the
approved Planned Unit Development to add two townhomes onto an existing building, and
J
Resolution No. 02-002 -2-
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment at
its meeting of August 1, 2001 and recommended approval of the amendment on a vote of 5-1
with five members voting in the affirmative, and
WHEREAS, on November 5, 2001 an application was received for a major amendment
to the approved Planned Unit Development to allow additional occupancy prior to roadway and
signal improvements, and
WHEREAS the Planning Commission held a public hearing, reviewed the amendment at
its meeting of December 5, 2001 and recommended approval of the amendment on a vote of 4-0
with four members voting in the affirmative, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. CSM Hospitality, Inc. and Rottlund Companies have made application to the City Council for
a Planned Unit Development under Section 14.6-7 of the St. Louis Park Ordinance Code within
the "0" Office and R-4 Multiple Family Residential districts located at the Northwest quadrant
of West 16`h Street and Zarthan Avenue:
and•
CSM Hospitality, Inc. and Rottlund Companies, owners and subdividers of the land proposed to
be platted as Pointe West Commons One and Two have submitted an application for approval of
final plat of said subdivision in the manner required for platting of land under the St. Louis Park
Ordinance Code, and all proceedings have been duly had thereunder;
for the legal descnption as follows, to -wit:
See Attached Legal Description
2 The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 01 -39 -PUD ) and the effect of the proposed PUD and Plat on the health,
safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on the
Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The City Council has dctcimined that the PUD and Plat will not be detrimental to the health,
safety, or general welfare of the community nor with certain contemplated traffic improvements
will it cause senous traffic congestion nor hazards, nor will it seriously depreciate surrounding
property values. The Council has also determined that the proposed PUD and Plat is in harmony
with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and
that the requested modifications comply with the requirements of Section 14:6-7.2(E).
4. The contents of Planning Case File 01 -39 -PUD are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Resolution No. 02-002 -3-
Conclusion
• The Final Planned Unit Development and Final Plat at the location descnbed are approved based
on the findings set forth above and subject to the following conditions:
•
A. The site shall be developed, used and maintained in accordance with the Official Exhibits A
through M. Exhibit L, building elevations shall be revised to show only approved materials,
i.e. bnck, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the
townhouses and bnck and rock face block on side townhouse elevations. Exhibit E, grading
plan shall be subject to further refinements on the park site as approved by Public Works and
Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct
number of existing trees on site and trees to be removed. Exhibit M, building matenal
samples shall be submitted and approved. Exhibits B and E are replaced by revised plat and
plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F
are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits
A, E and F are modified by revised site, grading and utility plans as approved on August 20,
2001.
B. Final plat and PUD approval and development is contingent upon developer meeting all
conditions of final approval including all MNDOT requirements.
C Before a final plat is signed by the City, the developer shall comply with the following
requirements:
1. Building elevations to be revised as stated above.
2. Submit to the City a copy of owner's policy of title insurance which insures the City's
interest in the plat, in an amount to be determined by the City.
3. A development agreement shall be executed or amended between the developer and
the City/EDA which covers at a minimum, dedication of Outlot A, Pointe West
Commons Two, as City park land, grading of the park, cash in -lieu of additional park
and trail dedication, realignment of Zarthan Avenue and installation of a traffic signal
at 16th Street and Zarthan Avenue, conditions under which site work may occur
and/or building permits be issued for hotels and townhouse site, sidewalk
construction and maintenance, tree replacement, and repair and cleaning of public
streets. The development agreement shall also cite the approved ordinance
modifications.
4. Submit financial secunty in the form of cash escrow or letter of credit in the amount
of 125% of the costs of on-site tree replacement, public sidewalk installation, utility
repair, and repair/cleaning of public streets.
5. Execute formal agreement with City to allow park patrons to share on-site guest
parking for townhomes.
6. Submit cross -easement agreement(s) for shared parking between the two hotels and
the townhomes, to be approved by City attorney.
7. Submit townhouse association by-laws and covenant documents, to be approved by
the City attorney.
8. Submit cash in lieu of on-site tree replacement to the City The exact amount shall be
determined by the number of off-site tree replacement inches required and shall be
approved by the Park and Recreation Director and the Community Development
Director, based upon a rate of $60 per caliper inch.
9. Submit cash reimbursement of City attorney's fees in drafting/reviewing such
documents.
10. Submit cash park and trail dedication fee of $13,040.67.
Resolution No. 02-002 -4-
D Within 90 days of final plat approval by the City Council, the subdivider shall record the
final plat and easements with the County Recorder. The subdivider shall, immediately upon
recording, furnish the City Clerk with a pant and reproducible tracing of the final plat and
copies of easement documents showing evidence of the recording. The subdivider shall also
provide a copy of the final plat on disc in an electronic data format.
E. Prior to any site work, the developer and property owner(s) shall meet the following
requirements:
1. A drainage permit shall be obtained from MNDOT, if required.
2. A copy of the Watershed Distnct permit(s) shall be forwarded to the City.
3. Any other necessary permits from other agencies shall be obtained.
4. Sign assent form and all official exhibits, as approved by the City.
5 Meet conditions of City signing final plat.
6. Meet any other conditions as required by the Development Agreement.
F. The developer shall comply with the following conditions dunng construction:
1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th
Street, Alabama Avenue, and Blackstone Avenue.
2. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m.
3. Loud equipment shall be kept as far as possible from residences at all times.
4. The site shall be kept free of dust and debns that could blow onto neighboring
properties.
5. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
6. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties
G. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
1. Meet any Fire Department emergency access requirements for during construction.
2. The subdivider shall furnish the City with evidence of having submitted the final plat
and cross -parking easement agreement for recording.
3. Lighting plans to be submitted to and approved by the Zoning Administrator for the
entire development. Lighting design is to be compatible throughout the development,
and shall meet all City standards.
4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit
is required).
5. Meet any other conditions as required by the Development Agreement.
H. Assuming other conditions have been met, a maximum of four buildings (66 units) may be
occupied prior to completion of public roadway and signal improvements. Residents' access
to and from the first three townhome buildings shall be via the Zarthan Avenue entrance,
unless the Zarthan entrance must be temporarily closed to accommodate completion of
public improvements. When the fourth building is completed, residents may use the 16th
Street enhance, unless the 16`h enhance must be lciupoiaiily closed l0 accommodate public
improvements. The fifth building at the intersection at 16th and Zarthan may not be
occupied until all roadway improvements are complete and the new traffic signal is
operational. (amended September 18, 2000 and January 7, 2002)
I A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls
and building and sign setbacks as shown on the approved site plan are contingent upon final
PUD approval.
J. Should the Zoning Administrator determine that parking is a problem in the future, the City
may require proof of parking to be converted to parking.
Resolution No. 02-002 -5-
K. The developer shall attempt to obtain a wntten agreement to share parking dunng off-peak
hours with the bank across Zarthan Avenue as overflow parking for the hotels.
L. Hardiplank is approved for this development on a trial basis as a Class II matenal and may be
used as shown on the Official Exhibits.
M. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final
Planned Unit Development shall be amended on September 18, 2000 to incorporate all of the
preceding conditions and add the following conditions:
1. Conditions A and H are modified as noted above.
2. If the CP Rail parcel does not become part of the publicly owned park, the developer
shall pay an additional $28,000 in park dedication fees to the City.
3. Construction vehicles shall be prohibited from using 16`h Street except for construction
related to the park, 16`h Street roadway improvements and other improvements adjacent
to 16th St (e.g. sidewalks). The developer shall observe all local and state weight
restrictions on roads within the City. Construction vehicles shall be permitted to use the
townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and
southbound Zarthan Avenue and westbound 16th Street in accordance with the MN
Manual on Uniform Traffic Control Devices, to be approved by the Public Works
Department. If the City determines that construction activity is causing traffic conflicts,
it may require the developer to provide flag people to facilitate safe traffic on the adjacent
roads.
4. If the property is part of the Parade of Homes pnor to realignment of Zarthan Avenue,
flag people shall be required to direct Parade traffic to and from the Zarthan Avenue
entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking
cannot be accommodated on site, or is interfering with fire lanes, traffic circulation, etc.,
the Zoning Administrator may require the developer to provide alternative parking on
nearby pnvate property.
N. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final
Planned Unit Development shall be amended on February 20, 2001 to incorporate all of the
preceding conditions and add the following conditions:
1. Condition A is modified as noted above.
2 The matenals for the retaining walls being constructed along West 16th Street shall be
similar to the matenals used on adjacent retaining walls along West 16th Street east of
Zarthan Avenue. These materials shall be submitted and approved by the Zoning
Administrator pnor to the construction of the walls.
O. The developer shall pay an administrative fine of $750.00 per violation of any conditions set
forth in this resolution.
P. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final
Planned Unit Development shall be amended on August 20, 2001 to incorporate all of the
preceding conditions and add the following conditions:
1. Both CSM and Rottlund must sign the amended official exhibits and new assent form.
2. The developers shall install signs at each project entrance indicating the approved times
for construction.
3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site
supervisor's home telephone number.
4. In the event that City staff determines that construction activity continues outside of
approved hours, Rottlund shall provide an on-site night secunty guard at Rottlund's
expense, to ensure that such violations do not continue.
5. Conditions A and 0 are modified as noted above.
Resolution No. 02-002 -6-
Q. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final
Planned Unit Development shall be amended on January 7, 2002 to incorporate all of the
preceding conditions and add the following conditions:
1. Condition H. is modified as noted above.
2. The developer is required to coordinate private improvements with the future schedule
for public improvements, which may include the temporary closing of certain project
entrances and other disruptions.
3. The developer is required to accommodate any emergency access requirements of the
Fire Marshall.
4. The Rottlund Company agrees to initiate the construction of the last townhouse building
in this project by no later than May 31, 2002.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration:
Attest.
Adopte _b the City Council January 7, 2002
G1 k4t
Mayor
•
•
•
Thomas J Campbell
Roger N Knutson
Thomas M Scott
Elliott B Knetsch
Joel J Jamnik
Andrea McDowell Poehler
Matthew K Brokl*
'Also licensed m Wisconvn
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
January 15, 2002
Ms. Nancy Stroth
Deputy City Clerk
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, Minnesota 55416-2290
Re:
John F Kelly
Matthew J Foli
Soren M Mattick
Marguerite M McCarron
Gina M Brandt
Y -e cord-eA
Pes; c115
Resolution No. 02-002 Final PUD and Final Plat j »Y1e i4- 2_002_
- Amends Resolution No. 01-079
(West 16th Street Zarthan Pointe West Commons One and Two
Dear Nancy:
Pursuant to our telephone conversation, I am returning to you Resolution No. 02-002
unrecorded.
As I indicated to you, since the plats of Pointe West Commons One and Two have been
recorded with Hennepin County, you can no longer use the metes and bounds description (the
underlying description). You must use the correct legal description which includes all of the
lots and blocks within Pointe West Commons One and Pointe West Commons Two. I have
enclosed a copy of the correct legal description that should be used. I am asking you to correct
the legal description of the Resolution because your certification states that "the foregoing is a
full, true and correct copy of the original Resolution No. 02-002 adopted ...". This statement
is not true if I correct the legal descriptions. This legal description should be used on all future
resolutions dealing with Point West Commons One and Two. In addition, since the property is
both abstract and torrens, I will need two certified copies of the corrected Resolution No. 02-
002.
In our telephone conversation, we again discussed the problem of the City amending the
PUD and Final Plat in one resolution. Hennepin County has indicated they would not accept
for recording a resolution approving a plat that is already of record. If you want to try to get
Resolution No. 02-002 recorded as it reads now (with corrected legal description), I will send
both certified copies in for recording and see what happens. All that can happen is that the
County will reject the Resolution and return it. At that time, we can then discuss if the City
wants to amend the Resolution so that it does not approve the Final Plat.
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
Ms. Nancy Stroth
January 15, 2002
Page 2
•
Please call if you have any questions.
cjh
Enclosure
•
•'
Very truly yours,
CAMPBELL KNUTSON
Pr. essional Assoc'tion
By:
Carole J.
Legal Assistant
EXHIBIT A
Lots 1 and 2, Block 1, Pointe West Conunons One
and
Lots 1, 2, 3, Block 1; Lot 1, Block 2; Lot 1, Block 3;
and Outlot A and Outlot B, Pointe West Commons Two.
•
Resolution No. 02-002
LEGAL DESCRIPTION
PARCEL 1 (PAGE 1 OF 3)
Lot 1, Block 1, Slocum-Bergren Addition, except that part of said Lot 1 which lies Northerly of a
line run parallel with and distant 40 feet Southerly of the following described Line 1:
Line 1: Beginning at a point on the West line of Section 4, Township 117 North, Range 21 West,
distant 178.68 feet South of the West Quarter corner thereof; thence run Easterly at an angle of
101 degrees 53 minutes 14 seconds from said West secnon line (measured from North to East)
for 244.62 feet; thence deflect to the left on a cangennal curve having a radius of 3274.04 feet
and a delta angle. of 06 degrees 34 minutes 40 seconds for 375.87 feet; thence on tangent to said
curve for 344.23 feet; thence deflect to the left on a tangential curve having a radius of 716.2 feet
and a delta angle of 12 degrees 22 minutes 19 seconds for 154.65 feet; thence on a tangent to said
curve for 50.68 feet; thence deflect to the right on a tangennal curve having a radius of 954.93
feet and a delta angle of 10 degrees 06 minutes 28 seconds for 168.46 feet; thence on tangent to
said curve for 82.44 feet and there terminating;
•Also except tha- part of said Lot 1 which lies Northeasterly of the following described line 2:
Line 2: Beginning at a point on Line 1 described above, distance 100 feet Westerly of its point of
termination, run Southerly at right angles to said Line 1 for 40 feet to the point of beginning of
the line to be described; thence run Southeasterly to the point of intersection of the Easterly line
of said Tract A with a line run parallel with and distant 45 feet Southerly of said Line 1 and there
terminating.
Torrens Property
Resolution No. 02-002
LEGAL DESCRIPTION
PARCEL 1 (PAGE 2 OF 3)
P2rce.1 1:
All that pert of Gcvcmmeat Lot 6, Section 4, Township 117 North, R ge 21 West of the
Sth Principal Meridian, descibed as follows- Commenting at a point on the East line of said
Lot 6, distant 530 feet South ;.oma the Northeast comer th=eaiy thence continuing South along
the East line of said Government T at 6, 403.8 feet more or less, to a point 355.5 feet North of the
Southeast corner of said Lot 6; thc Richt parallei to the South 'Luc of baid Gyve=int Lor 6,
33 feet to a Judicial Landmans; thence canes. bag West parallel to said -South line 133 feet to a
Judicial Landznaic thence South parallel to the East line of said Covrrnnicut Lut 6, 37 feet to a
Judicial anr?marr ;hence East parallel to the South line of said Gover..ment Lct 6, 133 ft= to a
Judic:al Landmark.; thence confinitf^g East parallel with said South line 33 fee. to the East line of
said Gove.-ameat Lot 6; thence South along the East line of said Government Lot 6 to a point
126 feet North of the Southeast co== of said Goverment Lot 6; thoce Wiest parallel to the
South line of said Government Lot 6, 33 fe" to a ludical Landman; thence continuing West
parallel with said South line to the Easterly line of the riliths of way of thc Mizmcapolis,
Northfield and South= Railway, said point being ma* -d by a Judial Landmaric thence
Northeasterly along said Easterly line of said right of way to the South line of U.S. LI•tghway
No. 12, said point being tnarkerl by a Judicial Lance thence Easterly along the South line of
said hietway to a point 13 feet West of the East line of said Government Lot 6, said point being
marked by a Judicial Lantra ric; thence continuing Easterly along the South lint of said highway,
33 feet to the East line of said Government Lot 6; thence South along said East line to thc point
of beteg, except thaz part of said above descaned tract embraced within the plat of
Slocum -Berg= Addition, and exert that part thavof which lies Westciy and Southerly ad=
following descibed line: Beginning az a point in the South line of the above described property
therein distant 395 fejt West of the Southeast corner therecA theathence North parallel with the East
line of said Govemmeat Lot 6, a distance of 22950 feeq thence deflecting to the left at an angle
of 64 degrees 23 minutes to, the Easterly right of way line of the Minneapolis, Northfield and
Southern Railway and there t ►iinating.
Except that part which lies Northerly of Line 1 described below:
Line 1: Beginning at a point on the West line of the above described tract, distant 22 feet
Southwesterly of the. Northwest conic thereof, thence run Easterly to the point or intersection of
the West line of SlocumBergsc i Addition with a line parallel with and distant 26 feet Southerly
of Line 2 described below and these terminating.
•
Resolution No. 02-002
LEGAL DESCRIPTION
PARCEL 1 (PAGE 3 OF 3)
Line 2: Beaianing ata point on the West line of said Section 4, distant 178.68 feet South of the
West Quarter comer thereat thence run Easterly at an angle of 101 degrees 53 minutes
14 sexlmds from said W=t sec-. line (measured from North to East) far 244.62 fest; thence
deflect to the left an a tangential curve having a radios of 3274.04 feet and a delta angle of
6 degrers 34 minutes 40 seconds far 375.87 feu thence on a tangent to said curve for
344.23 feet; thence deflect to the lerf on a tangential cirve having a radius of 716.2 feet and a
delta angle of 12 degres 22 minutes 19 seconds ±r 154.66 lett thence on tangent to said currc
for 136.58 feet and there aminating.
And excepting further that part which lies Northerly of Line A des=ibed below:
Line A: Beginning at the Northwest corner of Tract 1 hereinbefore described; thence rum Easterly
to a point distant 40 feet Southerly (measured at right angles) of a point on Line 2 described in
said Tract 1, distant 170 feet Westerly of its point of te:m:nation; thence nm Easterly parallel
•with said Line 2 far 70 feet and there terminating
,?a rce12:
That part of Govcmmcut Lot 6, Secdon 4, Township 117, Range 21 described as beginning at a
point on the East line of said Government Lot 6, distant 355.5 feet North of the Southeast comer
of said Government Lot 6; thence West parallel to the South 'dne of said Government Lot 6 a
distance of 33 feet to a Judicial Lauchsaaes set pursuant to Tautens Case No. 12106; thence
continuing West parallel to said South line a distance of 133 feet to a Judicial Landmark set
pursuant to Totrens Case No. 12106; thence South parallel to the East line of said Government
Lot 6 a distance of 87 feet to a Judicial Landmark sea pursuant to Totems Case No. 12106;
thence East parallel to the South line of said Government Lot 6 a distance of 133 feet to a
Judicial Landmark set pursuant to Totems Case No. 12106; thence continuing East parallel with
said South line a distance 0/ 33 feet to the East line of said Government Lot 6; thence North
along the East line of said Government Lot 6 a distance of 37 feet, more or less, to the point of
beginning.
Hennepin County, Minnesota
Tomas Property
'omens Cetficate No. 824033
•
Resolution No. 02-002
LEGAL DESCRIPTION
PARCEL 2
That part 7f Government Lot 6, Section 4, Township 117.
North Range 21, West of the 5th PM described as follows:
Commencing at the Southeast corner of said GGvernmcnt Lo'
6: thence West along the South line of said Government
Lot 6, 159 feet to the actual point of beginning of the
land tt be described: thence North and parallel to the -
East line of said Government Lot 6 a distance of 126 feet:
thence West and parallel to the South line of said -Govern-
ment Lot 6 a distance of 75 feet: thence South and parallel
with the East line -2f Government Lot 6, a distance of 126
feet: thence East along the South line of said. Government
Lot b a distance of 75 Leet to the point of beginning,
according to Government Survey.
Abstract
PARCEL 3
Meat 60 feet of the Mast 475 feet of the South 126 feet of Government Lot 6, Section 4,
Township 117, North Range 21, West of the 5th Principal Meridian.
Abstract
PARCEL 4
All that part of Government Lot 6,.Sectlan 4, Ztuaiship 117 North, Rade 21 West of the
5th Principal Meridian, described -as follows: Commencing at a point au the South
line of said Government Lot 6, 335.0 feet W!'st of the Southeast corner thereof; thence
r th parallel with the East line of said Government Lot 6, 126.0 feet; thence West
parallel with the South line of said Government Lot 6, 60 feet; thence South parallel
with the East line of said Government Lot 6, 126.0 feet to the South line thereof;
thence East along South lane of Government Lot 6, 60 feet to a point of beginning,
according to the United States Government Survey thereof, Hennepin County, Minnesota.
Abstract
inne`- -
Abstract
Resolution No. 02-002
LEGAL DESCRIPTION
PARCEL 5
That part of Government Lot 6, Section 4, Township 11T, Range 21, Hennepin County,
Minnesota described as follows:
Commencing at the Southeast corner of said Government Lot'6; thence West along the
South line cf said Government Lot 6, e. distance of 234 feet to the point of beginning
of land to be described; thence North and parallel with the East line of said
Gove ent Lot 6, a distance of 126 feet; thence West sad parallel with the South
line of said Government Lot 6, a distance of 101 feet; thence South and parallel with
the East line of said Government Lot 6,..a distance of 126 feet; thence East along the
South line of said Government Lot 6 tb the point of beginning.
That part of Government 1,9A p., Section 4, Township 117, Range 21, described, as
follows:
Commencing at the Southeast corner of said Government Lot 6, thence West along the
South line of said Government Lot 6, 159 feet; thence North parallel to the East line
of said Government Lot 6, 126 feet; thence East parallel to the South line 159 :'eet;
thence South parallel to the West line 126 feet to the actual point of beginning.
Abstract
PARCEL 6
2bac par= of Government Lac 5, section iu%nstttp 117 North. C., ,;t• 21 hese.
describec as folla.s-
l:onmseectng at a point _ the South Line of said Covernaecc Lac 6, said
point distant 475 =eat Vesc of the Southea+r ;order :hereof, thence
North parallel co toe East line of said Goverment Lae 6, a distance
of 126 fame, chance :.sc parallel co chs Saucl. LLae of said Government
Lac a to the Easterly rt,;h: of wey !Lae of the `IinneapoLLs, Northfield
and Southern Ratl.day, said point oetng marked Sy a Judicial LandmarL,
thence Sauchwesterl/ along said Easterly :Lae of said right of way to
the Souch line o: sa_d Gaverrsant :AZ 6, ther,,.o East along said South
Rae to the point of o..ginuing;
EXCEPTING 2f!3R@c: That part of said Goverrmenc Lot 6, described ss
commencing at a polar Le the South line cf said Government Loc 6, said
point distant 572.26 feet Yeat of cl•e Southeast corner thereof; thence
North and parallel co the Ease Lime .,f said Covermmeoc Lot 6 a distance
of 126 feet; thence 'Wear and parallel co the South line of said Govern -
ma -c Luc 5, a distance of 11=.34 feet Co the point of the beginnteg of
the land herein to be conveyed; :neoca coatisuing 'Westerly along the
previously described Line a distance of 33.4 feet to the Easterly right
w f •ay 'ine of the Minneapolis, Northfield and Southern Railway established
to a Deed .sf casement recorded is Sock 749 of Deeds page 511. thence
Southwesterly at an an Le co the lel: of 63 degrees and 52 mann:es i
distance of 140.35 fce, co the Satan eine oc said Government Lot 6;
thence Eaeccrly along the South Line of said itowernment Lot 6 e distance
of 33.4 feet, thence Necthe-scerty st an anal -o the left of 63 degrees
and 52 minutes a distance o: 140.35 ;enc :o .h. point ,f begtnatag.
EXCEPTING AND iPSERVTNC, unto M. W. CO., tea successors and cseigrs,
an easement for Railroad Snur Track purposes o..er, across and upon chat
pact of the above described aarcet One, sat,! easement area Lying westerly
of cbe foil:wing deserlb,.d line:
Beginning ae a poi= on chc Easterly rigr: of way or the Mtnnespolts.
Northfield and Soucaern Railway, satd ~slat being marked by Judicial
Landmark and being 140.29 feet Northerly of car South line cf Govern-
menc Lac 6, Section 4, ;,vnahlp 117 North, Range 21 Vest as measured
along said Easterly right or wa- line. thence Northeasterly to a
ecraLgac Line a distance of 355 fast. Bore or less, to a punt 12.10 feet
Easterly of said Easterly right of way itne and on the Northerly Lina
of the property sonde cd in sate darnel One.
Absi act