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RES 2011-23 - 14809RESOLUTION NO. 2011 -23 RESOLUTION TO VACATE A PORTION OF 55TH AVENUE, WHICH WAS PLATTED AS 3RD STREET, GENERALLY LOCATED WEST OF 7TH STREET NE & NORTH OF THE PARCEL ADDRESSED AT 5455 6TH STREET NE, PETITIONED BY THE PROPERTY OWNER, SCOTT DAHLBERG. WHEREAS, this portion of 55th Avenue is an unimproved right -of -way and is not used by the general public; and WHEREAS, all possible connections to this portion of 55th Avenue have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this unimproved right -of -way; and WHEREAS, the northerly 20 feet of the southerly vacated 30 feet of 55th Avenue and an additional 30 feet north of the vacated 6th Street will be dedicated to the City as a utility easement; and WHEREAS, a public hearing was held on this matter by the Planning Commission on April 20, 2011 and the City Council on May 9, 2011. WHEREAS, the petitioner, Scott Dahlberg, was presented with Exhibit A, the stipulations, which will be required for compliance, for SAV #11 -01, at the May 9, 2011 City Council meeting; NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: All that part of 3rd Street (now known as 55th Avenue NE) lying easterly of the northerly extension of the centerline of Dayton Avenue (now known as 6th Street NE) and lying westerly of the northerly extension of the centerline of the Alley in Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Reserving and subject to an easement for utility purposes over the north 20.0 feet of the south 30.0 feet thereof and over the south 30 feet lying between the northerly extensions of the centerline and the east line of Dayton Avenue (6th Street NE). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF MAY, 2011. -Ve if SCOTT J. LUND - MAYOR ATTEST: 4L-4v-6-4 DEBRA A. SKOGEN - ITY CLERK Resolution No. 2011 -23 EXHIBIT A SAV #11 -01 Vacation Request for Scott Dahlberg Stipulations Page 2 Access to 5455 6th Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off -set cul -de -sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7th Street, with proper signage visible from 7th Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner /developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7th Street, with proper signage visible from 7th Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner /developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted; on the Certificate of Survey from Kurth Surveying, with the revised date of 4/29/11.