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Res 2014-36 RESOLUTION NO. 2014 - 36 RESOLUTION VACATING THE EAST HALF OF THE UNIVERSITY AVENUE SERVICE DRIVE, FORMERLY KNOWN AS STATE STREET TO ALLOW FOR THE GATEWAY COMMONSGENERALLY LOCATED AT 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 UNIVERSITY AVENUE NE, PETITIONED BY TRIDENT DEVELOPMENT, LLC AND WHEREAS, on March 14, 2014, Petitioners, Trident Development, LLC and the City of , submitted a request for the vacation of the east half of the University Avenue Service Drive NE, formerly known as State Street; and WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7, property owners of land abutting the University Avenue Service Drive NE, formerly known as State Street have been notified of the proposed vacation request and are in agreement; 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 April 16, 2014, at the City of Fridley City Hall, 6431 University Avenue NE, Fridley, Minnesota; and WHEREAS, at the City Council Meeting on April 28, 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 east half of the University Avenue Service Drive NE, formerly known as State Street; and WHEREAS, the City Council of Fridley has determined that the vacation would be in the public interest; and WHEREAS, a copy of the RIGHT-OF-WAY 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 vacates the street situate in the City of Fridley, County of Anoka, State of Minnesota, to wit: That part of the East half of the University Avenue Service Drive, formerly known as State Street, as dedicated on the plat of HYDE PARK, according to the recorded plat thereof, Anoka County, Minnesota, lying southerly of the westerly extension of the North line of Lot 30, Block 4, said plat of HYDE PARK and northerly of the westerly Resolution No. 2014-36 Page 2 extension of the South line of Lot 10, Block 4, BENNETT-PALMER ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, EXCEPT those parts previously vacated per Doc. No. 364700 and Doc. No. 382919. Vacation is authorized with the following condition: 1. Vacation is conditional upon recording of the Gateway Commons Final Plat. Final Street, drainage, utility easement will be incorporated into the final plat at the discretion of the City Engineer. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 28 DAY OF APRIL 2014. ________________________ SCOTT J. LUND, MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN, CITY CLERK ResolutionNo.2014-36Page3