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Res 2020-81 Lot Subdivision RESOLUTION NO. 2020 – 81 RESOLUTION WAIVING CERTAIN PROVISIONS OF THE SUBDIVISION REGULATIONS AND APPROVING A LOT SUBDIVISION FOR PID 10-30-24-14-0058 AND 10-30-24-14-0060 FOR PROPERTY OWNED BY RICH PRODUCTS CORPORATION WHEREAS, Rich Products Corporation, a Delaware Corporation (“Rich”) owns certain real property located within the city of Fridley (the “City”) which is legally described on Exhibit A (the “Property”); and WHEREAS, in 2017, the predecessor-in-title to Rich granted to the City that certain Permanent Storm Water Ponding, Drainage, and Access Easement which was recorded in the office of the Anoka County Recorder as document number 4072891 (the “Easement”); and WHEREAS, consistent with the Easement, the City previously constructed certain stormwater improvements within the Easement area on the Property, and has continued to operate and maintain said improvements consistent with the requirements of the Easement; and WHEREAS, Rich now desires to donate the Property in fee to the City, and the City is willing to accept the donation according to the terms of this Resolution; WHEREAS, in order to effectuate such donation the property to be donated must be subdivided from the Property with the remainder remaining in Rich’s ownership; WHEREAS, Minnesota Statutes, section 462.328, subd. 4b, para. (c) and Section 211.05 of the City Code provide that the City Council may, by resolution, waive the requirements of the City Code related to the subdivision of property insofar as the application of such requirements would cause an undue hardship on the Owner; WHEREAS, based upon the nature and background related to this requested subdivision, the City Council has determined that it would constitute an undue hardship to require Rich to adhere to strict compliance with the terms of the City’s subdivision regulations; and WHEREAS, the City Council further finds that waiving the formal requirements of the City’s subdivision regulations will allow Rich to subdivide the Property and donate a portion of the Property to the City, and that such subdivision will comply with the spirit and intent of the City’s subdivision regulations. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby waives the requirements of Section 211 of the City Code related to the subdivision of the Property, and further approves the creation of the lots which are legally defined in Exhibit B and further depicted on Exhibit C, and further approves the recording of conveyances of these new lots with the Anoka County Recorder. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager and all other City staff to take any administrative actions which are reasonably FR520\\13\\693408.v4 Resolution No. 2020 – 81 Page 2 necessary to effectuate the completion of the subdivision of the Property, and to execute and record any documents which are necessary thereto. NOW, THEREFORE, BE IT FINALLY RESOLVED, that this subdivision approval shall be expressly conditioned upon the Property owner delivering to the City a fully executed deed thereby conveying that portion of the Property identified as Parcel A on Exhibit B to the City. The City shall not deliver or record this approval until such time as it has received said deed, and if the Property owner fails to deliver said deed to the City within 90 days of the date of this approval, this approval shall become null and void and may be rescinded by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ST 21 DAY OF DECEMBER 2020. ____________________________________ SCOTT J. LUND - MAYOR ATTEST: _________________________________ DANIEL TIENTER - CITY CLERK Resolution No. 2020 – 81 Page 3 EXHIBIT A Legal Description of Existing Property That part of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying North of the South 54.70 feet of said Lot 3 and East of the following described line: Beginning at a point on the North line of said Lot 3, distant 205.00 feet East of the Northwest corner of said Lot 3; thence Southerly to a point on the South line of said Lot 3, distant 125.00 feet East of the Southwest corner of said Lot 3 and there terminating. And: That part of the south 54.70 feet Lot 3, Block 4, COMMERCE PARK, lying in Section 10, Township 30, Range 24, according to the recorded plat thereof, Anoka County, Minnesota, and lying east the following described line: Beginning at a point on the north line of said Lot 3 being 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3 being 125.00 feet east of the southwest corner of said Lot 3 and said line there terminating; Together with that part of Lot 4, of said Block 4 described as follows: Beginning at a point on the north line of said Lot 4 being 125.00 feet east of the northwest corner of said Lot 4; thence west along said north line 110.00 feet; thence southerly along a line parallel with the west line of said Lot 4 to the south line of said Lot 4; thence east along said south line to the intersection with the east line of Section 10, Township 30, Range 24; thence north along said east line to said north line of Lot 4; thence west along said north line to the point of beginning. Resolution No. 2020 – 81 Page 4 EXHIBIT B Legal Description of Resulting Parcels PARCEL A: That part of Lot 3, Block 4, COMMERCE PARK, lying in Section 10, Township 30, Range 24, according to the recorded plat thereof, Anoka County, Minnesota, and which lies east of a line beginning at a point on the north line of said Lot 3 being 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3 being 125.00 feet east of the southwest corner of said Lot 3 and said line there terminating; and which lies southwesterly of the following described line: Commencing at the northeast corner of said Lot 3; thence North 89 degrees 55 minutes 02 seconds West, along the north line of said Lot 3, a distance of 537.88 feet to the point of beginning; thence South 00 degrees 22 minutes 42 seconds East a distance of 93.85 feet; thence South 30 degrees 58 minutes 03 seconds West a distance of 40.92 feet; thence South 73 degrees 57 minutes 03 seconds West, a distance of 129.69 feet; thence South 11 degrees 48 minutes 23 seconds West a distance of 102.57 feet; thence South 01 degree 22 minutes 32 seconds West a distance of 133.70 feet to the south line of said Lot 3 and said line there terminating. Approx. Gross area: 60,007 sq. ft. (1.378 acres) (Comprises parts of PID’s 10-30-24-14-0058 and 10-30-24-14-0060) PARCEL B: That part of Lot 3, Block 4, COMMERCE PARK, lying in Section 10, Township 30, Range 24, according to the recorded plat thereof, Anoka County, Minnesota, and lying north of the south 54.70 feet thereof, and which lies easterly of the following described line: Commencing at the northeast corner of said Lot 3; thence North 89 degrees 55 minutes 02 seconds West, along the north line of said Lot 3, a distance of 537.88 feet to the point of beginning; thence South 00 degrees 22 minutes 42 seconds East a distance of 93.85 feet; thence South 30 degrees 58 minutes 03 seconds West a distance of 40.92 feet; thence South 73 degrees 57 minutes 03 seconds West, a distance of 129.69 feet; thence South 11 degrees 48 minutes 23 seconds West a distance of 102.57 feet; thence South 01 degree 22 minutes 32 seconds West a distance of 133.70 feet to the south line of said Lot 3 and said line there terminating. Approx. Gross area: 50,231 sq. ft. (1.153 acres) (Divides PID 10-30-24-14-0058) Resolution No. 2020 – 81 Page 5 PARCEL C: That part of the south 54.70 feet Lot 3, Block 4, COMMERCE PARK, lying in Section 10, Township 30, Range 24, according to the recorded plat thereof, Anoka County, Minnesota, lying east the following described line: Commencing at the northeast corner of said Lot 3; thence North 89 degrees 55 minutes 02 seconds West, along the north line of said Lot 3, a distance of 537.88 feet to the point of beginning; thence South 00 degrees 22 minutes 42 seconds East a distance of 93.85 feet; thence South 30 degrees 58 minutes 03 seconds West a distance of 40.92 feet; thence South 73 degrees 57 minutes 03 seconds West, a distance of 129.69 feet; thence South 11 degrees 48 minutes 23 seconds West a distance of 102.57 feet; thence South 01 degree 22 minutes 32 seconds West a distance of 133.70 feet to the south line of said Lot 3 and said line there terminating; Together with that part of Lot 4, of said Block 4 described as follows: Beginning at a point on the north line of said Lot 4 being 125.00 feet east of the northwest corner of said Lot 4; thence west along said north line 110.00 feet; thence southerly along a line parallel with the west line of said Lot 4 to the south line of said Lot 4; thence east along said south line to the intersection with the east line of Section 10, Township 30, Range 24; thence north along said east line to said north line of Lot 4; thence west along said north line to the point of beginning. Approx. Gross area: 193,373 sq. ft. (4.439 acres) (Comprises parts of 10-30-24-14-0058 and 10-30-24-14-0060) Resolution No. 2020 – 81 Page 6 EXHIBIT C Depictions of Resulting Parcels See following pages. Resolution No. 2020 – 81 Page 7 2 C O M N M O R E R T H C E E R L N A P N A E C I F I C R . R . C O . C Resolution No. 2020 – 81 Page 8 O M N M O R E R T H C E E R L N A P N A E C I F I C R . R . C O .