HomeMy WebLinkAboutCity Council Resolution 2017-255
C ITY OF P LYMOUTH
R ESOLUTION N O. 2017-255
R ESOLUTION A PPROVING C ONVEYANCE O F P ROPERTY
WHEREAS, Wal-Mart Real Estate Business Trust, a Delaware statutory trust (“Owner”) is the fee
owner of real property legally described in Exhibit A (“Owner Parcel”); and
WHEREAS, Owner is in the process of conveying the Owner Parcel to Rock Hill Management, LLC,
a Minnesota limited liability company, (“Purchaser”); and
WHEREAS, Purchaser is redeveloping the Owner Parcel and has proposed a re-plat of the Owner
Parcel together with other property as part of the Agora development; and
WHEREAS, Purchaser and Owner applied to the City for a vacation of certain street easements
legally described in Exhibit B (“Vacated Property”) abutting the Owner Parcel; and
WHEREAS, the Plymouth City Council approved the vacation of the Vacated Property on July 25,
2017, by City of Plymouth Resolution No. 2017-254; and
WHEREAS, Hennepin County conveyed its interest in the Vacated Property to the City by quit claim
deed dated May 19, 2017; and
WHEREAS, the Owner and Purchaser have requested a quit claim deed from the City for the
Vacated Property to clear title issues associated with the Vacated Property which is intended to be
included in the Agora plat; and
WHEREAS, the City Council finds that it has no purpose for the Vacated Property and that the City
will reduce unnecessary maintenance costs through conveyance of the Vacated Property; and
WHEREAS, the City finds that the conveyance of its interest in the Vacated Property by quit claim
deed to the abutting property owner is in the best interest of the City; and
WHEREAS, Minn. Stat. §462.356, subd. 2 requires that the Planning Commission review the City's
proposed disposal of real property for compliance with the comprehensive plan and to report to the City
Council in writing its findings; and
WHEREAS, Minn. Stat. §462.356, subd. 2 provides for an exception from the requirement for
review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement
and finding that the disposal of the real property has no relationship to the comprehensive municipal
plan; and
WHEREAS, before the City may dispose of real property, the City Charter requires the City to hold
a public hearing for the proposed disposition preceded by 10 days' published notice; and
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WHEREAS, ten days published notice of the hearing was given and the City Council has conducted
a public hearing on July 25, 2017, at which all persons desiring to be heard were given an opportunity to
be heard on the disposition of the Vacated Property.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. The City Council finds that the disposal of the Vacated Property to Purchaser has no relationship to
the comprehensive municipal plan.
2. Review by the Planning Commission of the disposal of the Vacated Property is hereby dispensed
with and C onveyance of the City’s interest in the Vacated Property by quit claim deed to Purchaser is
approved conditioned upon:
a. Purchaser acquiring the Owner Parcel;
b. Purchaser combining the Vacated Property with the Owner Parcel as a single tax
parcel.
3. The Mayor and City Manager are authorized and directed to execute all documents, and
take all appropriate measures to dispose of the Vacated Property accordingly.
APPROVED by the City Council on this 25th day of July, 2017.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I
compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 25, 2017 with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ___________day of
__________________, __________.
____________________________________
City Clerk
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EXHIBIT A
Legal Description of Owner Parcel
Parcel 1:
All that part of Lot 1, Block 1, Plymouth Plaza 4th Addition lying Westerly of
Hennepin County State Aid Highway No. 18, Plat 32.
Also: A 200-foot by 200-foot tract adjacent to the Northwesterly corner of Lot 1, Block
1, and labeled "EXCEPTION" on the plat of record of Plymouth Plaza 4th Addition,
being described as follows:
Commencing at the Northeast corner of Lot 1, Block 1, Plymouth Plaza Addition;
thence Easterly along the Southerly line of County Road No. 9, a distance of 269.01
feet; thence at a right angle South a distance of 7 feet to the actual point of beginning of
the tract of land to be described; thence continuing South along last described course a
distance of 103 feet; thence Southerly along a tangential curve to the left, with a radius
of 834.3 feet, a distance of 97.23 feet; thence Easterly parallel with the Southerly line of
County Road No. 9, a distance of 194.34 feet; thence at a right angle North a distance of
200 feet to a point 7 feet South of the Southerly line of County Road No. 9; thence
Westerly parallel with the Southerly line of County Road No. 9, a distance of 200 feet to
the actual point of beginning.
Also: The North 48 feet of Lot 1, Block 5, Plymouth Plaza 4th Addition.
Also: The North 55 feet of Lot 1, Block 1, Plymouth Plaza Addition.
Also: The North 55 feet of Lots 1, 2 and 3, Block 5, Plymouth Plaza 2nd Addition.
Together with that part of Old Hennepin County Road No. 9 in part of Section 13,
Township 118, Range 22, Hennepin County, Minnesota, lying Westerly of the
Northerly extension of the Westerly right-of-way of Lancaster Lane, as platted
Plymouth Plaza 4th Addition, and lying Easterly and Southerly of the following
described line:
Beginning at a point on the Northerly lot line of Lot 4, Block 5, Plymouth Plaza 2nd
Addition, distant 46.35 feet Westerly of the Northeast corner of said Lot 4 (said
Northerly line has assumed bearing of North 88 degrees 26 minutes 06 seconds East);
thence North 41 degrees 33 minutes 47 seconds East, a distance of 58.50 feet, more or
less, to the South line of Hennepin County State Aid Highway No. 18, Plat 32; thence
Easterly along said Southerly line of C.S.A.H. No. 18 to its intersection with the
Northerly extension of the Westerly right-of-way of said Lancaster Lane and there
terminating.
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Together with that part of County Road No. 9 (Rockford Road) lying Easterly of the
Northerly extension of the Westerly right-of-way of Lancaster Lane and Westerly of the
Westerly right-of-way of County State Aid Highway No. 18, all lying in Section 13,
Township 118, Range 22, Hennepin County, Minnesota as vacated as public roadway.
Together with that part of North 55 feet of Nathan Lane lying South of the South right-
of-way line of County Road No. 9 in Section 13, Township 118, Range 22.
Together with that part of Lancaster Lane described as: Beginning at the intersection of
the Easterly right-of-way of Lancaster Lane and the Southerly right-of-way of County
Road No. 9; thence Southerly along the Easterly right-of-way of Lancaster Lane a
distance of 200.23 feet; thence Northwesterly to a point on the Westerly right-of-way of
Lancaster Lane distant 48.00 feet Southerly of Southerly right-of-way of County Road
No. 9; thence Northerly along Westerly right-of-way of Lancaster Lane to Southerly
right-of-way of County Road No. 9; thence Easterly to point of beginning and there
terminating; all lying in Section 13, Township 118, Range 22, Hennepin County,
Minnesota.
Parcel 2:
That part of Lot 3, Block 1, Plymouth Plaza 4th Addition, according to the recorded plat
thereof, Hennepin County, Minnesota, lying Westerly of Hennepin County State Aid
Highway No. 18, Plat 32 according to the recorded plat thereof and Northerly of the
following described line: Commencing at the most Southwesterly corner of said Lot
3, Block 1, Plymouth Plaza 4th Addition; thence Northwesterly along the right-of-
way line of Lancaster Lane, according to the recorded plat thereof, to the most
Westerly corner of said Lot 3, Block 1; thence Northeasterly along a Northwesterly
line of said Lot 3, Block 1, for a distance of 100.00 feet to the actual point of
beginning of the line to be described; thence Easterly parallel with the South line of
said Lot 3, Block 1, to the Westerly line of said Hennepin County State Aid
Highway No. 18, Plat 32 and there terminating.
Hennepin County, Minnesota
Abstract Property.
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EXHIBIT B
Legal Description of Vacated Property
That part of Lot 1, Block 1, Plymouth Plaza Addition and that part of Lot 1, Block 5, Plymouth
Plaza 4th Addition, all in the City of Plymouth, Hennepin County, Minnesota lying northerly of
the following described lines; Commencing at the intersection of the easterly right-of-way of
Lancaster Lane and the southerly right-of-way of County Road No. 9 as platted in Plymouth
Plaza 4th Addition; thence South 02 degrees 01 minutes 03 seconds West, assumed bearing,
along the easterly right-of-way of Lancaster Lane a distance of 103.00 feet; thence Southerly,
along the easterly right-of-way of Lancaster Lane, along a tangential curve, concave to the east,
having a radius of 834.30 feet, a central angle of 6 degrees 40 minutes 36 seconds, a distance of
97.23 feet to the point of beginning of the lines to be described; thence North 30 degrees 09
minutes 58 seconds West, a distance of 44.12 feet; thence Northwesterly, along a tangential
curve, concave to the southwest, having a radius of 235.00 feet, a central angle of 53 degrees 55
minutes 26 seconds, a distance of 221.17 feet; thence North 84 degrees 05 minutes 24 seconds
West, a distance of 79.03 feet to a point on the south line of the North 55.00 feet of said Lot 1,
Block 1, Plymouth Plaza Addition and there terminating.
Also that part of Lancaster Lane as platted in Plymouth Plaza 4th Addition, in the City of
Plymouth, Hennepin County, Minnesota
lying southerly of the southerly right-of-way of County Road No. 9 as platted in Plymouth Plaza
4th Addition and lying northerly of the following described lines; Commencing at the intersection
of the easterly right-of-way of Lancaster Lane and the southerly right-of-way of County Road No.
9 as platted in Plymouth Plaza 4th Addition; thence South 02 degrees 01 minutes 03 seconds West,
assumed bearing, along the easterly right-of-way of Lancaster Lane a distance of 103.00 feet;
thence Southerly, along the easterly right-of-way of Lancaster Lane, along a tangential curve,
concave to the east, having a radius of 834.30 feet, a central angle of 6 degrees 40 minutes 36
seconds, a distance of 97.23 feet to the point of beginning of the lines to be described; thence North
30 degrees 09 minutes 58 seconds West, a distance of 44.12 feet; thence Northwesterly, along a
tangential curve, concave to the southwest, having a radius of 235.00 feet, a central angle of 53
degrees 55 minutes 26 seconds, a distance of 221.17 feet; thence North 84 degrees 05 minutes 24
seconds West, a distance of 79.03 feet to a point on the south line of the North 55.00 feet of said
Lot 1, Block 1, Plymouth Plaza Addition and there terminating.
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