RES 1992-33 - 0000342896
REBOR,Ll MU IND. 33 - 1992
' FAIMMUIMM AMEMING CONSTMIMCHi OF A CAMM NITM
A UTILMY ]III' OVER TEB VACATED ALLEY EAST OF LATE
25 AND 26, BLOCK 5, AYDE PARR
WHEREAS, the City of Fridley adopted Resolution No. 98 -1991 on December 9, 1991;
and
WHEREAS, said Resolution contained an erroneous legal description; and
WHEREAS, Wayne A. Jduvson and Macy C. Johnson have petitioned to construct a
garage on the property legally described as:
Lots 25 and 26, Block 5, Hyde Park, and that part of the vacated
alley in Block 5, "Hyde Park" lying east of the centerline thereof
and between the westerly extension across it of the north line of
Lot 1 and of the south line of Lot 6, said Block 5,
subject to an easement for utility purposes in favor of the City of Fridley over
the whole thereof; and
WHEREAS, varianoe 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, 1988 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 cmpleted 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 Mazy C. Johnson to
construct the garage and to encroach upon the City's easement upon the following
terms and conditions.
' NOW, THEREFORE, BE rr RESOLVED and agreed by the City of Fridley and Wayne A.
Johnson and Mary C. Johnson as follows:
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Page 2 — Resolution No. 33 - 1992
1. The City grants to the Johnson the right to construct the detached garage
aver 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 irx:ur arising out of the usage of the garage.
4. Wayne A. Johnson and Mary C. Johnson further agree that if the garage
becomes damaged or is remaved 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. Jdutson
and their heirs and successors in interest.
6. At the time that the garage is removed, the rights under this resolution
shall automatically terminate.
' 7. Resolution No. 98 -1991 is hereby rescinded.
PASSED AND ADOPPED BY THE CITY COUNCIL OF THE CITY OF FREY THIS 6TH DAY OF
APRIL, 1992.
WILLIAM J. - MAYOR
ATPESP:
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SURrHv A. H ALA - CITY AERK