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HomeMy WebLinkAbout09-069 - ADMIN Resolution - City Council - 2009/05/08• RESOLUTION NO. 09-069 RESOLUTION RESCINDING RESOLUTION 88-45 ADOPTED ON MAY 2, 1988 GRANTING SPECIAL (CONDITIONAL USE) PERMIT FOR THE PURPOSE OF CONSTRUCTING RETAIL STORES AND OFFICE SPACE WITHIN A PLANNED UNIT DEVELOPMENT DISTRICT BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The development approved by Resolution 88-45 did not proceed and failed to meet a condition of approval to complete work by May 15, 1989. 2. The Special (Conditional Use) Permit granted by Resolution 88-45 was made null and void by a City Code amendment in December 31, 1992. 3. The City Council approved a Planned Unit Development for the Ellipse on Excelsior redevelopment that overlaps this property and now governs the property. 4. The subject property is situated upon the following described lands in Hennepin County, Minnesota, to -wit: 410 Lots Three (3), Four (4), Five (5), Seven (7), Eight (8), Nine (9), Ten (10), and Eleven (11), Block Five (5), Minikanda Oaks. That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1A) Section Six (6), Township Twenty-eight (28), Range Twenty-four (24), according to United States Government Survey thereof, described as follows: Commencing at a point on the Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota," according to the_recorded plat thereof, which is distant Fifty (50) feet, at right angles from the centerline of Excelsior Avenue; thence Southwesterly parallel with said centerline of Excelsior Avenue Thirty (30) feet; thence Northwesterly at right angles to Excelsior Avenue One Hundred Ninety (190) feet to a point on the centerline of Greeley Avenue extended southerly; thence at an angle of forty-eight degrees seventeen minutes to the right Ninety-seven (97) feet along said extended centerline to the Southwesterly line of said "Minikanda Oaks, Hennepin County, Minnesota"; thence Southeasterly Two Hundred Fifty-eight and 4/10 (258.4) feet, along last mentioned line, to beginning; and That part of the Northeast One -Quarter of the Southeast One -Quarter (NE 1/4 SE 1A) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Meridian, described as follows: Commencing at a point on the Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota," which point is fifty (50) feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of Thirty (30) feet to the Resolution No. 09-069 -2- actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue a distance of One Hundred Ninety (190) feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance One Hundred Forty (140) feet; thence southeasterly along a line drawn at right angles to Excelsior Avenue a distance of One Hundred and Ninety (190) feet to a point Fifty (50) feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline One Hundred Forty (140) feet to the actual point of beginning, according to the U.S. Government Survey thereof. (Also to be known as Lot 1, Block 1, Park Edge Addition, upon City approval of the final plat – Case No. 88-10-S) Conclusion Resolution 88-45 granting Special (Conditional Use) Permit is hereby rescinded based on the findings set forth above. The City Clerk is instructed to record certified copies of this resolution in the Office of the in County Register of Deeds or Registrar of Titles as the case may be. Revi e• for dministration: City Man. ;er - Attest: City Clerk Adothe City Council May 18, 2009 Ma