Res 2014-20
RESOLUTION NO. 2014 - 20
RESOLUTION VACATING AND RESERVING THE WEST HALF OF THE ALLEY AS
DEDICATED IN THE PLAT OF BENNET-PALMER ADDITION AND IN THE PLAT
OF HYDE PARK, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE
NORTH LINE OF LOT 9, BLOCK 3, SAID PLAT OF BENNET-PALMER ADDITION,
AND NORTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF
LOT 10, BLOCK 4, SAID PLAT OF BENNET-PALMER ADDITION,GENERALLY
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LOCATED SOUTH OF VACATED 59 AVENUE TO ALLOW FOR THE
REDEVELOPMENT OF THE “GATEWAY COMMONS” PROPERTIES, PETITIONED
BY TRIDENT DEVELOPMENT, LLC AND THE CITY OF FRIDLEY’S HOUSING
AND REDEVELOPMENT AUTHORITY
WHEREAS, on December 13, 2013, Petitioners, Trident Development, LLC and the City
of Fridley’s Housing and Redevelopment Authority, submitted a request for the vacation of a 12
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foot alley located south of vacated 59 Avenue NE; and
WHEREAS, in March 1956, a resolution was approved by the City Council to vacate the
aforementioned 12 foot alley; and
WHEREAS, also in March 1956, the final plat of the BENNET-PALMER Addition
erroneously received City Council approval to re-dedicate the same aforementioned 12 foot alley
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located south of vacated 59 Avenue NE; and
WHEREAS, this vacation request is intended to ratify the previous alley vacation and
rectify the erroneous March 1956 re-dedication in the BENNET-PALMER plat of the alley that
had just been vacated; and
WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7, all
property owners of land abutting the portion of the 12 foot alley have been notified, and the City
has received no objections to the vacation; and
WHEREAS, the 12 foot alley is unimproved; and
WHEREAS, notice of a public hearing concerning the requested vacation was duly
provided in accordance with City Code Section 205.05.07 and a public hearing was held on said
request at the Planning Commission meeting on January 15, 2014, at the City of Fridley City
Hall, 6431 University Avenue NE, Fridley, Minnesota; and
WHEREAS, at the City Council Meeting on February 10, 2014, the City Council of the
City of Fridley proceeded to hear all person interested in said vacation request and all persons
interested were afforded an opportunity to present their views and objections to the granting of
said Petition and the City Council considered the request for vacation of the west half of the 12
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foot alley located south of vacated 59 Avenue NE; and
Resolution No. 2014-20 Page 2
WHEREAS, the City Council of Fridley ratifies the prior 1956 vacation of the alley and
has determined that the vacation would be in the public interest; and
WHEREAS, a copy of the ALLEY VACATION EXHIBIT has been attached hereto as
Exhibit A; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
1.That the City of Fridley, pursuant to City Charter Section 12.07, City Code Section
205.05.7, and Minnesota Statutes 412.851, hereby ratifies the prior vacation and
hereby vacates the alley situate in the City of Fridley, County of Anoka, State of
Minnesota, to wit:
That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,
Anoka County, Minnesota, lying southerly of the easterly extension of the north line
of Lot 9, Block 3, said plat of BENNET-PALMER ADDITION, and northerly of the
easterly extension of the south line of Lot 10, Block 4, said plat of BENNET-
PALMER ADDITION.
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, over, across, under and through the vacated alley situate in the City of
Fridley, County of Anoka, State of Minnesota, to wit:
That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,
Anoka County, Minnesota, lying southerly of the easterly extension of the north line
of Lot 9, Block 3, said plat of BENNET-PALMER ADDITION, and northerly of the
easterly extension of the south line of Lot 10, Block 4, said plat of BENNET-
PALMER ADDITION.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
10 DAY OF FEBRUARY 2014.
__________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN – CITY CLERK
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