Res 2014-28
RESOLUTION NO. 2014-28
RESOLUTION TO CORRECT RESOLUTION NUMBER 2013-60 VACATING AND
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RESERVING A PORTION OF 79 AVENUE WEST OF HICKORY STREET TO THE
BURLINGTON NORTHERN SANTA FE RAILROAD TRACKS, GENERALLY
LOCATED NORTH OF 7890 HICKORY STREET NE, PETITIONED BY DONALD J.
AND JUDITH M. GAMBONI, THE PROPERTY OWNERS OF 7890 HICKORY
STREET NE
WHEREAS, on August 16, 2013, Petitioners Donald J. and Judith M. Gamboni, who
own the real property located at 7890 Hickory Street NE, submitted a request for the vacation of
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a portion of 79 Avenue NE;
WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7,
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property owners of land abutting the subject portion of 79 Avenue NE have expressed their
agreement with the vacation request conditioned on provision of private access easements by the
Petitioner;
WHEREAS, after 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 September 18, 2013, at the City of Fridley City
Hall, 6431 University Avenue NE, Fridley, Minnesota; and
WHEREAS, at the City Council Meeting on October 14, 2013, the City Council of the
City of Fridley proceeded to hear all persons interested in said vacation request and all persons
interested were afforded an opportunity to present their views and objections to the granting of
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said Petition and the City Council considered the request for vacation of a portion of 79 Avenue
NE; and
WHEREAS, the City Council of Fridley determined that the petitioned vacation would be
in the public interest; and
WHEREAS, a copy of the RIGHT-OF-WAY VACATION EXHIBIT was attached as
Exhibit A to the resolution approving the right of way vacation request, SAV #13-03, Resolution
2013-60; and
WHEREAS, the resolution approving the right of way vacation request, SAV #13-03,
Resolution 2013-60, was recorded with the Anoka County Registrar of Titles on October 24, 2013
as Document No. 519809.006 TORRENS; and
WHEREAS, subsequent to the recording of Document No. 519809.006 TORRENS, an
error was found in the legal description in Document No. 519809.006 TORRENS, related to the
description of the private non-exclusive access easement that the property owners, Donald J.
Gamboni and Judith M. Gamboni (the “Gambonis”) were required to grant to adjacent property
owners, Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. in
Stipulation #3 in Resolution 2013-60; and
Resolution No. 2014-28 Page 2
WHEREAS, the purpose of this Resolution is to correct the error in the legal description
related to the private non-exclusive access easement in Resolution 2013-60 and does not in any way
affect or change the right of way vacation and the reservation of the permanent drainage and utility
easement set forth in pursuant to Resolution 2013-60; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
1.That the vacation approved in Resolution 2013-60 shall be effective only upon the
recording of a private non-exclusive access easement granted by the Petitioners
Donald J. Gamboni and Judith M. Gamboni over:
That part of the north half of 79th Avenue N.E. lying between the northerly
extension of the west line of Hickory Street and the southerly extension of the
easterly line of PARK SHOP, according to the recorded plat thereof, Anoka
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County, Minnesota. Together with that part of the south half of 79 Avenue
N.E. lying between said northerly extension of the west line of Hickory Street
and the southerly extension of the westerly line of said PARK SHOP.
to adjacent property owners, who are currently Burlington Northern Inc., Carlson
Park Properties, and Ryan Companies US Inc.
2.The RIGHT-OF-WAY VACATION EXHIBIT attached to Resolution 2013-60 as
Exhibit A and the stipulations contained in Resolution 2013-60 are hereby reaffirmed
and revised only with respect to the legal description set forth in Stipulation #3 (and
corrected in Paragraph 1 above of this Resolution) related to the private non-exclusive
access easement required to be granted by the Gambonis to Burlington Northern Inc.,
Carlson Park Properties, and Ryan Companies US Inc.;
3.All other provisions of Resolution 2013-60, including the vacation of the right of way
and reservation of a permanent easement for drainage and utility purposes as set forth
in Resolution 2013-60, remain unchanged and in full force and effect.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
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24 DAY OF MARCH 2014.
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SCOTT LUND – MAYOR
ATTEST:
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DEBRA A. SKOGEN – CITY CLERK