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2012-077 Findings of Fact Approving an Ordiance Rezoning 525 Blake Rd and the Two Lots North of 525 Blake Rd from B-3 to B-4 and the East 20 Feet of 525 Blake Rd from B-4 to B-3CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO: 12-77 RESOLUTION MAKING FINDINGS OF FACT APPROVING AN ORDINANCE REZONING 525 BLAKE ROAD AND THE TWO LOTS NORTH OF 525 BLAKE ROAD FROM B-3 TO B-4 AND THE EAST 20 FEET OF 525 BLAKE ROAD FROM B-4 TO B-3 WHEREAS, an application for Zoning Amendment ZN 12-5 has been made by Hopkins Blake Retail, LLC; WHEREAS, the procedural history of the application is as follows: That an application for zoning amendment was made on October 2, 2012, by Hopkins Blake Retail, LLC; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on October 22, 2012: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. 4. The legal description of the property to be rezoned is as follows: That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, which is described as follows: Commencing at the northwest corner of said Lot 68; thence South 88 degrees 33 minutes 54 seconds East, assumed bearing along the north line of said Lot 68 a distance of 204.00 feet to a point hereinafter known as Point "A"; thence return North 88 degrees 33 minutes 54 seconds West, along said north line a distance of 204.00 feet to the point of commencement; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 122.41 feet to the point of beginning; thence continuing southerly along said west line of Lot 68 to a point 225.00 feet north from the southwest corner of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet; thence North 02 degrees 24 minutes 28 seconds West, a distance of 54.86 feet to a point that bears South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet from the aforementioned Point "A"; thence southwesterly a distance of 209.58 feet more or less, to the point of beginning, EXCEPTING therefrom that part lying westerly of the easterly right of way line of Hennepin County Right of Way Map No. 2, recorded in the office of the County Recorder as Document No. 435187. All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Resolution No R12-77 All that part of Lot 68, Auditor's Subdivision No. 239, described as follows; Beginning at the Southwest corner of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DD; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along a line drawn parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239. That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 68; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 135.01 feet to a point 225 feet north from the southwest corner of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet to the point of beginning; thence South 00 degrees 25 minutes 48 seconds West, a distance of 173.63 feet to the north line of the South 55 feet of said Lot 68; thence North 88 degrees 34 minutes 04 seconds West, along said north line, a distance of 20.05 feet; thence North 00 degrees 24 minutes 49 seconds East, a distance of 304.99 feet to the north line of said Lot 68; thence South 88 degrees 33 minutes 58 seconds East, along said north line, a distance of 16.12 feet to a point 204 feet East from said Northwest corner of Lot 68; thence South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet; thence South 02 degrees 24 minutes 28 seconds East, a distance of 54.86 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN12-5 is hereby approved based on the following Findings of Fact: 1. That the Comprehensive Plan has designated the site as Commercial. 2. That the proposed uses comply with the permitted use of the B-4 zoning. 3. That the zoning and the Comprehensive Plan designation will be consistent. Adopted by the City Council of the City of Hopkins this 23nd day of October 2012. 7 By Eugene 1Y N46xwell, Mayor ATTEST: pp `i2c.�e �2P Kristine A. Luedke, City Clerk