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RES 1972-155 - 00008579302 RESOLUTION N0. 155 -1972 ' A RESOLUTION REGARDING ANOKA COUNTY - THE MINNESOTA TRANSFER RAILWAY COMPANY WHEREAS, the County of Anoka and the City of Fridley entered into an agreement whereby the County of Anoka did condemn the Southeast Quarter of the Southwest Quarter, Section 11, Township 30, Range 24, except the South 400 feet thereof; and WHEREAS, the County of Anoka and the City of Fridley further agreed that said property would be divided equally between the two governmental units; and WHEREAS, it was later determined to exempt the North 50 feet of said property from the condemnation; and WHEREAS, at the request of the City of Fridley, the North 50 feet of the East 150 feet of said property was retained in said condemma- tion in order to guarantee that Carter -Day Company would have access from 71st Avenue across railroad right -of -way an to their property; and WHEREAS, representatives of The Minnesota Transfer Railway Company have requested that the city quit claim the North 50 feet of the East 150 feet to The Minnesota Transfer Railway Company upon the fallowing conditions: (1) That The Minnesota Transfer Railway Company will in turn , grant an easement to Carter -Day Company for access from 71st Avenue oil to the Carter -Day property; (2) That The Minnesota Transfer Railway Company will reimburse Carter -Day Company for any special assessments that have been paid for the construction of 71st Avenue; (3) That The Minnesota Transfer Railway Company will pay to the City of Fridley the balance of any special assessments due on the North 50 feet of the East 150 feet of the Southeast Quarter of the Southwest Quarter, Section 11, Township 30, Range 24; and (4) That the City of Fridley will dedicate 71st Avenue as a public street; and WHEREAS, the request of The Minnesota Transfer Railway Company will guarantee Carter -Day access to 71st Avenue; NOW, THEREFORE, be it resolved that the City of Fridley agrees to quit claim the North 50 feet of the East 150 feet of the Southeast Quarter of the Southwest Quarter, Section 11, Township 30, Range 24 to The Minnesota Transfer Railway Company upon receipt of compliance with the conditions as set forth above. Be it further resolved that the mayor and city clerk are authorized to execute said quit claim deed to The Minnesota Transfer Railway Company. ADOPTED BY THE CITY COUNCIL OF THE CITYrJRIDLEY, TH 1 th DAY OF I DECEMBER , 1972 . ATTEST: MAYOR CITY CLERK