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RES 2012-63 A - 14977RESOLUTION NO. 2012 -63 A RESOLUTION TO VACATE THE ALLEY IN- BETWEEN MAIN STREET AND 2ND STREET, THAT IS BORDERED BY 60m AVENUE AND 61ST AVENUE, PETITIONED BY THE PROPERTY OWNER AT 6008 2ND STREET, THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) WHEREAS, this alley is an unimproved right -of- -way and is not used by the general public as a roadway; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this unimproved road right -of- -way, and WHEREAS, the entire vacated alley will be reserved as a drainage and utility easement; and WHEREAS, a public hearing was held on this matter by the Planning Commission on August 15, 2012 and the City Council on September 10, 2012; and WHEREAS, the petitioner, ACCAP, was presented with Exhibit A, the stipulations for SAV #12 -01, at the September 10, 2012 City Council meeting, and WHEREAS, a copy of the ALLEY VACATION EXHIBIT has been attached; and NOW THEREFORE, BE IT RESOLVED that: 1. The City of Fridley vacates the fallowing alley situate in the City of Fridley, County of Anoka, State of Minnesota, to wit: All that alley in Black 8, HYDE Park, Anoka County, Minnesota, according to the recorded plat there of lying south of the south line of 61St Avenue N.E. and north of the north line of 60th Avenue N.E. 2. That pursuant to Minnesota Statutes § 160.29, Subd. 2, the City of Fridley reserves, unto itself and other utility providers, a permanent easement for drainage and utility purposes, aver, across, under and through the alley situate in the City of Fridley, County of Anoka, State of Minnesota, to wit: All that alley in Black 8, HYDE Park, Anoka County, Minnesota, according to the recorded plat there of lying south of the south line of 61St Avenue N.E. and north of the north line of 60th Avenue N.E. including the right of City, its contractors, agents and servants, and other utility providers, to enter upon said premises at all reasonable times for the purposes of construction, reconstruction, inspection, repair, grading, sloping, and restoration purposes and all such purposes ancillary thereto, and to maintain the above easement area, any improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of said pipes, conduits or mains and the further right to remove from the easement area trees, bushes, herbage, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the easement, pipes, conduits, or mains. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10m DAY OF SEPTEMBER, 2012. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN — C CLERK Resolution No. 2012 -63 A Page 2 EXHIBIT A SAV #12 -01 Vacation Request for ACCAP Stipulations 1. The petitioner shall dedicate the 12 ft. vacated alley for utility purposes through an easement. Easement document to be filed by the petitioner at Anoka County and the City shall receive a copy of the filed document prior to issuance of a building permit. Resolution No. 2012 -63 A Page 3 Resolution No. 2012-63 A DESCRIPTION OF ALLEY TO BE VACATED That ALLEY in Block 8, HYDE PARIS, Anoka County, Minnesota. according to the recorded plat thereof lying south of the south line of 61st Avenue N.E. and north of the north line of 60`x' Avenue N.E. I hereby certiAT that this survey, plan or report was prepared by me or under my direct supervision and that I arty a duly Licensed Professional Land Surveyor under the laws of the State of :Minnesota. - 18420 0611 9112 C:hajes =l . hr q-Kierson, P.L.S. MN License i cy. Date :' :PRIVATEl2700�t2777.12'?2777.12 Easement Description.doc;