Loading...
HomeMy WebLinkAbout09-149 - ADMIN Resolution - City Council - 2009/11/02RESOLUTION NO. 09-149 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RESTAURANT WITH INTOXICATING LIQUOR FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AND LOCATED AT 8140 STATE HIGHWAY #7 BE IT RESOLVED BY the City Council of the City of St. Louis Park. Findings 1. Baldomero Valenzo made application to the City Council for a Conditional Use Permit under Section 36-194(d)(4) of the St. Louis Park Ordinance Code for the purpose of operating a restaurant with intoxicating liquor within a C-2 General Commercial Zoning District located at 8140 State Highway #7 for the legal description as follows, to -wit. See Attached Legal Description — Exhibit A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 09 -16 -CUP) and the effect of the proposed restaurant with intoxicating liquor 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 Council has determined that the proposed restaurant with intoxicating liquor will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 09 -16 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to allow a restaurant with intoxicating liquor at the location of 8140 State Highway #7, which is a tenant space of the property described above, is granted based on the findings set forth above and subject to the following conditions: 1. The conditional use permit is exclusive to a restaurant located in the tenant space with the address of 8140 State Hwy 7. 2. The conditional use permit shall become null and void if the restaurant ceases to operate for more than three months. 3. A liquor license must be approved by the City prior to intoxicating liquor being sold. 4. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Resolution No. 09-149 -2- 5. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 6. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. e City Clerk is instructed to record certified copies of this resolution in the Office of the He nepin County Register of Deeds or Registrar of Titles as the case may be. for Administration: Adopted by the City Council November 2, 2009 Attest: City Clerk • Resolution No. 09-149 -3- EXHIBIT A PARCEL 1: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly right-of-way line of State Trunk Highway No. 7; excepting therefrom the following 5 parcels: 1. That part of said South Half of the Southeast Quarter described as follows. Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter; thence North along said East line 499 55 feet more or less to the point of beginning. • 2. The right-of-way of Texas Avenue; 3. That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be described; thence running South at right angles 192.92 feet; thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252.36 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point in the Northerly right-of-way line of State Trunk Highway No. 7; thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning; 4. That part of South Half of the Southeast Quarter described as follows: Commencing at the Northwest corner of said South Half of the Southeast Quarter, thence South 87.45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet; thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter; thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly along the Resolution No. 09-149 -4- quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning: thence 20 feet Southerly along the quarter line; thence 120.00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western right-of-way line of Aquila Avenue; thence Northerly along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly right-of-way line of West 36th Street to the point of beginning. 5. That part of the said South Half of the Southeast Quarter described as follows Commencing at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736 99 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, and the point of beginning of the land to be described; thence continuing Easterly along the last described course a distance of 13.00 feet to the intersection with a line 33.00 feet Westerly of as measured at right angles to and parallel with said Easterly line; thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly right-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the point of beginning; according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5`'' Principal Meridian described as follows: Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St. Louis Park, MN and the North line of said South Half of said Southeast Quarter ; thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499.55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P.M., except the North 30.00 feet thereof. According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Abstract PARCEL 3. Lots 1 and 2, Block 1; Knollwood Mall 15` Addition, Hennepin County, Minnesota Torrens oy'//9 o 1111111111111111111111111111110111111111 Doc No A9461031/ Certified filed and/or recorded on 12/22/09 4 30 PNI Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recorder Jill L Alverson, County Auditor and Treasurer Deputy 59 Pkg ID 594446 • o Doc Name: Conditional Use Permit Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document RESOLUTION NO. 09-149 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RESTAURANT WITH INTOXICATING LIQUOR FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AND LOCATED AT 8140 STATE HIGHWAY #7 BE IT RESOLVED BY the City Council of the City of St Louis Park. Findings 1. Baldomero Valenzo made application to the City Council for a Conditional Use Permit under Section 36-194(d)(4) of the St. Louis Park Ordinance Code for the purpose of operating a restaurant with intoxicating liquor within a C-2 General Commercial Zoning District located at 8140 State Highway #7 for the legal description as follows, to -wit ® See Attached Legal Description — Exhibit A V 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 09 -16 -CUP) and the effect of the proposed restaurant with intoxicating liquor 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 Council has determined that the proposed restaurant with intoxicating liquor will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and tiie Comprehensive Plan. 4. The contents of Planning Case File 09 -16 -CUP are hereby entered into and made parr of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to allow a restaurant with intoxicating liquor at the location of 8140 State Highway #7, which is a tenant space of the property described above, is granted based on the findings set forth above and subject to the following conditions. 1. The conditional use permit is exclusive to a restaurant located in the tenant space with the address of 8140 State Hwy 7. N 0 S,, Res6lution No. 09-149 -2- 2. The conditional use permit shall become null and void if the restaurant ceases to operate for more than three months 3. A liquor license must be approved by the City prior to intoxicating liquor being sold. 4. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 5. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 6. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 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 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 09-149 adopted at the St Louis Park City Council meeting held on November 2, 2009 WITNESS my hand and the Seal of the City of St. Louis Park this 8th day of December, 2009 .-ResoFution No 09-149 -3- EXHIBIT A PARCEL 1: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter. thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet, thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet, thence deflecting to the left 27 degrees 1-2 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly right-of-way line of State Trunk Highway No. 7, excepting therefrom the following 5 parcels: 1. That part of said South Half of the Southeast Quarter described as follows. Beginning at the Northeast corner of said South Half of the Southeast Quarter, thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet, thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter, thence North along said East line 499.55 feet more or less to the point of beginning. 2. The right-of-way of Texas Avenue; 3. That part of said South Half of the Southeast Quarter described as follows. Beginning at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316 82 feet, more or less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be described; thence running South at right angles 192.92 feet; thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252.36 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954 12 feet, more or less, to a point in the Northerly right-of-way line of State Trunk Highway No 7, thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967 5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning; 4. That part of South Half of the Southeast Quarter described as follows- Commencing at the Northwest corner of said South Half of the Southeast Quarter, thence South 87 45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet, thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter, thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly along the 0 Res iution No. 09-149 -4- quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning: thence 20 feet Southerly along the quarter line; thence 120 00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western right-of-way line of Aquila Avenue; thence Northerly along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly right-of-way line of West 36th Street to the point of beginning. 5. That part of the said South Half of the Southeast Quarter described as follows. Commencing at the Northeasterly corner of said South Half of the Southeast Quarter, thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783 00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, and the point of beginning of the land to be described; thence continuing Easterly along the last described course a distance of 13.00 feet to the intersection with a line 33 00 feet Westerly of as measured at right angles to and parallel with said Easterly line; thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly right-of-way line a distance of 20 40 feet to the intersection with a line 46 00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, thence Northerly, parallel with said Easterly line, a distance of 171 01 feet to the point of beginning, according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian described as follows. Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St Louis Park, MN and the North line of said South Half of said Southeast Quarter , thence South along the West line of said Texas Avenue a distance of 499.55 feet, thence West and parallel with said North line of said South Half of sa,d Southeast Quarter a distance of 750 feet, thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West ,13.00 feet of the East 46.00 feet of the North 499.55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P.M., except the North 30 00 feet thereof. According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Abstract PARCEL 3: Lots 1 and 2, Block 1; Knollwood Mall 1" Addition, Hennepin County, Minnesota Torrens 1'664141m Mo . 09 -P-11 0 , I 11111111 III 11111 11111 11111 11111 11111 1110 1111 1111 SCANNED oc No T4716127 Certified, filed and/or recorded on 12/23/09 12 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer 0 Deputy 40 Doc Name: Resolution Document Recording Fee Pkg ID 592983 $46 00 Document Total Existing Certs 1037051 This cover sheet is now a permanent part of the recorded document Nell $46 00 . I U '7O5/ RESOLUTION NO. 09-149 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RESTAURANT WITH INTOXICATING LIQUOR FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AND LOCATED AT 8140 STATE HIGHWAY #7 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Baldomero Valenzo made application to the City Council for a Conditional Use Permit under Section 36-194(d)(4) of the St. Louis Park Ordinance Code for the purpose of operating a restaurant with intoxicating liquor within a C-2 General Commercial Zoning District located at 8140 State Highway #7 for the legal description as follows, to -wit: ® See Attached Legal Description — Exhibit A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 09 -16 -CUP) and the effect of the proposed restaurant with intoxicating liquor 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 Council has determined that the proposed restaurant with intoxicating liquor will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 09 -16 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to allow a restaurant with intoxicating liquor at the location of 8140 State Highway #7, which is a tenant space of the property described above, is granted based on the findings set forth above and subject to the following conditions: 1. The conditional use permit is exclusive to a restaurant located in the tenant space with the address of 8140 State Hwy 7. Resolution No. 09-149 -2- 2. The conditional use permit shall become null and void if the restaurant ceases to operate for more than three months. 3. A liquor license must be approved by the City prior to intoxicating liquor being sold. 4. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 5. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 6. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 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. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No 09-149 adopted at the St. Louis Park City Council meeting held on November 2, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 8th day of December, 2009. Nancy J. Stroi�f4, Clerk Resolution No. 09-149 -3- EXHIBIT A ,PARCEL 1: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5`h Principal Meridian, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly right-of-way line of State Trunk Highway No. 7; excepting therefrom the following 5 parcels: 1. That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter; thence North along said East line 499.55 feet more or less to the point of beginning. 2 The right-of-way of Texas Avenue; 3. That part of said South Half of the Southeast Quarter described as follows. Beginning at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be described; thence running South at right angles 192.92 feet; thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252.36 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954 12 feet, more or less, to a point in the Northerly right-of-way line of State Trunk Highway No. 7, thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning; 4. That part of South Half of the Southeast Quarter described as follows. Commencing at the Northwest corner of said South Half of the Southeast Quarter; thence South 87.45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet; thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter; thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly along the Resolution No. 09-149 -4- quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning: thence 20 feet Southerly along the quarter line; thence 120.00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western right-of-way line of Aquila Avenue; thence Northerly along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly right-of-way line of West 36th Street to the point of beginning. 5. That part of the said South Half of the Southeast Quarter described as follows: Commencing at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, and the point of beginning of the land to be described; thence continuing Easterly along the last described course a distance of 13.00 feet to the intersection with a line 33.00 feet Westerly of as measured at right angles to and parallel with said Easterly line; thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly right-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the point of beginning; according to the United States Government Survey thereof and situated in Hennepin County, Minnesota PARCEL 2• That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5`s Principal Meridian described as follows: Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St. Louis Park, MN and the North line of said South Half of said Southeast Quarter ; thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499.55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P.M., except the North 30.00 feet thereof. According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Abstract ® PARCEL 3: Lots 1 and 2, Block 1; Knollwood Mall 151 Addition, Hennepin County, Minnesota Torrens