RES 1991-98 - 00003781.t 6 4
M
A UTILITY EMSEMU OVER THE VACATED ALLEY EAST OF LOTS
25 AND 26, :.« 5, HYDE PARK
WHEREAS, Wayne A. Johnson and Mary C. Johnson have petitioned to construct a
garage on the property legally described as Lots 25 and 26, Block 5, Hyde Park;
and
WHEREAS, variance and vacation requests were filed; and
WHEREAS, the City Council on May 16, 1988 approved a vacation request, SAV #87-
07, to vacate a 12 foot alley in Block 5, Hyde Park, lying north of the south
line of Lot 22, and Lot 9 to the south right-of-way line of 61st Avenue; and
WHEREAS, the Appeals Commission approved a variance on May 10, 1986 to construct
a 22' x 40' garage within one foot of the rear lot line and three feet of the
side lot line now created by vacation of the 12 foot alley; and
WHEREAS, vacation request, SAV #87 -07, required a utility easement to be
retained over the entire portion of the vacated alley; and
WHEREAS, the vacation request, SAV #87 -07, required the garage location
contingent upon passage of a resolution by the City Council authorizing a
specified distance of encroachment into the retained easement; and
' WHEREAS, the petitioner has completed the necessary memorialization process to
add the 12 foot alley to the certificate of title for the property; and
WHEREAS, there are no City - maintained utilities located immediately underground
or underneath said utility easement; and
WHEREAS, there are overhead NSP wires; and
WHEREAS, the City is willing to allow Wayne A. Johnson and Mary C. Johnson to
construct the garage and to encroach upon the City's easement upon the following
terms and conditions.
NOW, THEREFORE, BE IT RESOLVED and agreed by the City of Fridley and Wayne A.
Johnson and Mary C. Johnson as follows:
1. The City grants to the Johnson's the right to construct the detached
garage over the utility easement as depicted in the site plan shown in
Exhibit A which is attached hereto as though incorporated in full.
2. In the event of an emergency, the City may without notice remove, alter,
or dismantle said garage on its own accord. The City shall have no
liability to Wayne A. Johnson and Mary C. Johnson for any injuries or
damages which they may sustain as a result of the removal of the garage.
' 3. Wayne A. Johnson and Mary C. Johnson agree to indemnify and hold the City
harmless from any liability, damages, or threatened litigation which the
City may incur arising out of the usage of the garage.
Page 2 — Resolution No. 98 - 1991
' 4. Wayne A. Johnson and Mary C. Johnson further agree that if the garage
becomes damaged or is removed due to the utilization by the City of its
rights in the easement, the City shall have no liability or obligation to
repair or restore said garage.
5. This resolution shall be binding upon Wayne A. Johnson and Mary C. Johnson
and their heirs and successors in interest.
6. At the time that the garage is removed, the rights under this resolution
shall automatically terminate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF
DECEMBER, 1991.
WILLIAM J. N - MAYOR
ATTEST:
' SHIRLEY A. ALA - CIV CLERK
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