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LAND TYPE Abst act (A)
DOC NUM 11248778
Certified, filed and/or recorded on
Nov 30, 2023 4:24 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 184 Pkg ID 2626029E
Document Recording Fee $46.00
Document Total $46,00
This cover sheet is now a permanent part of the recorded document.
RESOLUTION NO. 2021-112
REMOVAL OF A CONDITION FROM
RESOLUTION NO. 2019-69 FOR OUR LADY OF GRACE CHURCH
WHEREAS, Resolution 2019-64 Approving a Conditional Use Permit with Variances for Our Lady of Grace
Church (OLG), 5051 Eden Avenue was approved by the City Council on September 4, 2019; and
WHEREAS, Resolution 2019-64 required OLG to comply with the Engineer's memo dated August 2, 2019 and
August 13, 2019; and
WHEREAS, the Engineer's memo dated August 2, 20(9 and August 13, 2019 required a future $40,000 cash
payment for future traffic and pedestrian mitigation measures at the Intersection; and
WHEREAS, OLG has been an active partner in easements discussions related to the City's Eden Avenue and
Arcadia Avenue Roundabout Project; and
WHEREAS, OW has been given permission to dedicate easements to the City for the construction of the
roundabout by the Catholic Diocese with a condition to remove the future $40,000 traffic mitigation and pedestrian
condition;
WHEREAS, staff supports the removal of the future $40,000 traffic mitigation condition due to the easement
donation that is comparable in value to the future condition; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota:
I. That the future $40,000 cash payment for future traffic and pedestrian mitigation measures at the intersection
of Eden Avenue and Arcadia Avenue be removed from OLG's conditions of approval from Resolution 2019-
64 upon dedication by OLG of all necessary easements to the City over OLG property for construction of the
Eden Avenue and Arcadia Avenue Roundabout Project.
Adopted this 7th day of December, 2021.
ENGINEERING DEPARTMENT
7450 Metro Boulevard • Edina, Minnesota 55439
www,EdinaMN.gov • 952-826-0371 • Fax 952-826-0392
haron Alison, City Clerk James B. Hovland, Mayor
Attest:
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Cleric for the City of Edina do hereby certify that the attached and
foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 7, 2021, and as
recorded In the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of KA/ 202.
Exhibit A
The property is legally described as follows:
That part of Government Lot 8 of Section 28, Township 117 North, Range 21 West of the Fifth
Principal Meridian described as follows: Commencing 26 2/3 rods East of Southwest corner of
Lot 8; thence North to East line of Minneapolis, Northfield and Southern Railway right of way;
thence Northerly along said right of way line to a point distant 703 7/10 feet Southerly along
same from Southerly line of Eden Prairie Road; thence East 193 2/10 feet; thence North to
center of said road; thence Northeasterly along same to North line of Lot 8; thence East to
Northeast corner of Lot 8; thence South to Southeast corner; thence West to beginning. Except
that part thereof lying northeasterly and easterly of the southwesterly and westerly line of the
highway taking described in Doc. No. 3799189. Also except the southerly 40 feet of said Eden
Prairie Road.
And
All that part of Government Lot Eight (8), in Section Twenty-Eight (28), Township One
Hundred Seventeen (117) North, Range Twenty-One (21) West, of the Fifth Principal Meridian,
according to the Government Survey thereof, bounded and described as follows: Commencing
at the point where the Easterly line of the right of way of the Minneapolis, Northfield and
Southern Railway was located and constructed across said section is intersected by a line
parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie
Road, so-called, as laid out and located through said Section, which point is hereinafter
designated as Point "A", and running thence North Sixty-seven degrees, two (2) minutes East,
along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty-seven (47)
minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South
two (2) degrees, thirty-three (33) minutes East 408.5 feet to a point which is the actual place of
beginning of the land hereby conveyed.
Thence from said actual place of beginning South two (2) degrees, thirty-three (33) minutes East
340 feet; thence South Eighty-nine (89) degrees, Thirty-eight (38) minutes west 193.2 feet to
said Easterly line of right of way; thence Northerly 340 feet along said right of way line to a
point 363.7 southerly from said Point "A", measured along said right of way line; thence
Northeasterly at an angle of Ninety-four (94) degrees, Forty-eight (48) minutes with said right of
way line a distance of 154.3 feet to the actual place of beginning.
And
All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th
Principal Meridian bounded and described as follows: Commencing at the point where the
Easterly line of the right of way of the Minneapolis, Northfield, and Southern Railway as located
and constructed across said section, is intersected by a line parallel with and 40 feet Southerly at
right angles from the center line of Eden Prairie Road, so called, as laid out and located through
said Section, and running thence North 67 degrees 2 minutes, East along said parallel line and at
an angle of 116 degrees 47 minutes with said right of way line, a distance of 120 feet; thence
South 2 degrees 33 minutes, East 408.5 feet; thence West 154.3 feet to said Easterly line of
Railway right of way at a point 363.7 feet South from the place of beginning, measured along said
right of way line; thence North along said Easterly line of Railway right of way to place of
beginning, Hennepin County, Minnesota.
And
The north 150 feet of that part of Government Lot I of Section 33, Township 117 North, Range
21 West, lying east of the railroad right of way and west of the west line of the highway taking
described in Doc, No. 3799189.
Property is located in Hennepin County, Minnesota.
Exhibit B
Given to Amend Resolution 2019-64 which is recorded as Doc No. A10725982 on November 18, 2019.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the
attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of
December 7, 2021, and as recorded in the Minutes
ea
of said Regular Meeting,
WITNESS my hand and seal of said City this or a thy of14Y 20
City Clerk
RESOLUTION NO. 2021-112
REMOVAL OF A CONDITION FROM
RESOLUTION NO. 2019-64 FOR OUR LADY OF GRACE CHURCH
WHEREAS, Resolution 2019-64 Approving a Conditional Use Permit with Variances for Our Lady of Grace
Church (OLG), 5051 Eden Avenue was approved by the City Council on September 4, 2019; and
WHEREAS, Resolution 2019-64 required OLG to comply with the Engineer's memo dated August 2, 2019 and
August 13, 2019; and
WHEREAS, the Engineer's memo dated August 2, 2019 and August 13, 2019 required a future $40,000 cash
payment for future traffic and pedestrian mitigation measures at the intersection; and
WHEREAS, OLG has been an active partner in easements discussions related to the City's Eden Avenue and
Arcadia Avenue Roundabout Project; and
WHEREAS, OLG has been given permission to dedicate easements to the City for the construction of the
roundabout by the Catholic Diocese with a condition to remove the future $40,000 traffic mitigation and pedestrian
condition;
WHEREAS, staff supports the removal of the future $40,000 traffic mitigation condition due to the easement
donation that is comparable in value to the future condition; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota:
I. That the future $40,000 cash payment for future traffic and pedestrian mitigation measures at the intersection
of Eden Avenue and Arcadia Avenue be removed from OLG's conditions of approval from Resolution 2019-
64 upon dedication by OLG of all necessary easements to the City over OLG property for construction of the
Eden Avenue and Arcadia Avenue Roundabout Project.
Adopted this 7th day of December, 2021.
ENGINEERING DEPARTMENT
7450 Metro Boulevard • Edina, Minnesota 55439
www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392
ames B. Hovland, Mayor
City Clerk
Attest.
haron Alison, City Clerk
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and
foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 7, 2021, and as
recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this (, day of P441 "V 202
Exhibit A
The property is legally described as follows:
That part of Government Lot 8 of Section 28, Township 117 North, Range 21 West of the Fifth
Principal Meridian described as follows: Commencing 26 2/3 rods East of Southwest corner of
Lot 8; thence North to East line of Minneapolis, Northfield and Southern Railway right of way;
thence Northerly along said right of way line to a point distant 703 7/10 feet Southerly along
same from Southerly line of Eden Prairie Road; thence East 193 2/10 feet; thence North to
center of said road; thence Northeasterly along same to North line of Lot 8; thence East to
Northeast corner of Lot 8; thence South to Southeast corner; thence West to beginning. Except
that part thereof lying northeasterly and easterly of the southwesterly and westerly line of the
highway taking described in Doc. No. 3799189. Also except the southerly 40 feet of said Eden
Prairie Road.
And
All that part of Government Lot Eight (8), in Section Twenty-Eight (28), Township One
Hundred Seventeen (117) North, Range Twenty-One (21) West, of the Fifth Principal Meridian,
according to the Government Survey thereof, bounded and described as follows: Commencing
at the point where the Easterly line of the right of way of the Minneapolis, Northfield and
Southern Railway was located and constructed across said section is intersected by a line
parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie
Road, so-called, as laid out and located through said Section, which point is hereinafter
designated as Point "A", and running thence North Sixty-seven degrees, two (2) minutes East,
along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty-seven (47)
minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South
two (2) degrees, thirty-three (33) minutes East 408.5 feet to a point which is the actual place of
beginning of the land hereby conveyed.
Thence from said actual place of beginning South two (2) degrees, thirty-three (33) minutes East
340 feet; thence South Eighty-nine (89) degrees, Thirty-eight (38) minutes west 193.2 feet to
said Easterly line of right of way; thence Northerly 340 feet along said right of way line to a
point 363.7 southerly from said Point "A", measured along said right of way line; thence
Northeasterly at an angle of Ninety-four (94) degrees, Forty-eight (48) minutes with said right of
way line a distance of 154.3 feet to the actual place of beginning.
And
All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th
Principal Meridian bounded and described as follows: Commencing at the point where the
Easterly line of the right of way of the Minneapolis, Northfield, and Southern Railway as located
and constructed across said section, is intersected by a line parallel with and 40 feet Southerly at
right angles from the center line of Eden Prairie Road, so called, as laid out and located through
said Section, and running thence North 67 degrees 2 minutes, East along said parallel line and at
an angle of 116 degrees 47 minutes with said right of way line, a distance of 120 feet; thence
South 2 degrees 33 minutes, East 408.5 feet; thence West 154.3 feet to said Easterly line of
Railway right of way at a point 363.7 feet South from the place of beginning, measured along said
right of way line; thence North along said Easterly line of Railway right of way to place of
beginning, Hennepin County, Minnesota.
And
The north 150 feet of that part of Government Lot I of Section 33, Township 117 North, Range
21 West, lying east of the railroad right of way and west of the west line of the highway taking
described in Doc. No. 3799189.
Property is located in Hennepin County, Minnesota.
Attest:
Exhibit B
Given to Amend Resolution 2019-64 which is recorded as Doc No. A10725982 on November 18, 2019.
S aron Allison ity Cleric
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Cleric for the City of Edina do hereby certify that the
attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of
December 7, 2021, and as recorded in the Minutes of said Regular Meeting.
o SC" WITNESS my hand and seal of said City this on af day of NV 20
City Cleric