Res 2017-06 Vacation E&T Properties
RESOLUTION NO. 2017 - 06
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RESOLUTION VACATING A PORTION OF 77 AVENUE NE,
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GENERALLY LOCATED NORTH OF 220 77 AVENUE NE,
PETITIONER E&T FRIDLEY PROPERTY LLC
WHEREAS, on January 13, 2017, the Petitioner, E&T Fridley Property LLC, submitted a
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request for the vacation of an unimproved portion of 77 Avenue NE, generally located north of
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220 77 Avenue NE; and
WHEREAS, notice of a public hearing concerning the requested vacation was duly provided in
accordance with City Code Section 205.05.08 and a public hearing was held on said request at
the City Council meeting on February 27, 2017, at the City of Fridley City Hall, 6431 University
Avenue NE, Fridley, Minnesota; and
WHEREAS, at the City Council Meeting on February 27, 2017, 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 said vacation; 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 205.05.8,
and Minnesota Statutes 412.851, hereby vacates the street situate in the City of Fridley,
County of Anoka, State of Minnesota, to wit:
77th Avenue as dedicated in the recorded plat of EAST RANCH ESTATES THIRD
ADDITION, Anoka County, Minnesota described as follows:
Beginning at the northeast corner of Lot 4, Block 1, EAST RANCH ESTATES THIRD
ADDITION; thence North 0 degrees 47 minutes 30 seconds West an assumed bearing
along the northerly extension of the east line of said Lot 4 a distance of 33.00 feet to the
north line of 77th Avenue as dedicated in the recorded plat of said EAST RANCH
ESTATES THIRD ADDITION and said north line also being a south line of Lot 1, Block
1, EAST RANCH ESTATES FOURTH ADDITION; thence North 89 degrees 59
minutes 30 seconds West along said north and south lines a distance of 153.87 feet, more
or less, to the southeasterly right of way line of 77th Way as dedicated in the recorded
plat of EAST RANCH ESTATES SECOND ADDITION, Anoka County, Minnesota;
Resolution No. 2017-06 Page 2
thence southwesterly along the southwesterly extension of said right of way a distance of
105.40 feet, more or less, to the north line of said Lot 4, said extension being a non-
tangential curve concave to the northwest having a radius of 166.00 feet, a central angle
of 36 degrees 22 minutes 42 seconds and the chord of said curve is 103.64 feet in length
and bears South 71 degrees 26 minutes 34 seconds West; thence South 89 degrees 59
minutes 30 seconds East along the north line of said Lot 4 a distance of 252.57 feet to the
point of beginning.
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 77th Avenue N.E. segments situate in the City
of Fridley, County of Anoka, State of Minnesota, to wit:
77th Avenue as dedicated in the recorded plat of EAST RANCH ESTATES THIRD
ADDITION, Anoka County, Minnesota described as follows:
Beginning at the northeast corner of Lot 4, Block 1, EAST RANCH ESTATES THIRD
ADDITION; thence North 0 degrees 47 minutes 30 seconds West an assumed bearing
along the northerly extension of the east line of said Lot 4 a distance of 33.00 feet to the
north line of 77th Avenue as dedicated in the recorded plat of said EAST RANCH
ESTATES THIRD ADDITION and said north line also being a south line of Lot 1, Block
1, EAST RANCH ESTATES FOURTH ADDITION; thence North 89 degrees 59
minutes 30 seconds West along said north and south lines a distance of 153.87 feet, more
or less, to the southeasterly right of way line of 77th Way as dedicated in the recorded
plat of EAST RANCH ESTATES SECOND ADDITION, Anoka County, Minnesota;
thence southwesterly along the southwesterly extension of said right of way a distance of
105.40 feet, more or less, to the north line of said Lot 4, said extension being a non-
tangential curve concave to the northwest having a radius of 166.00 feet, a central angle
of 36 degrees 22 minutes 42 seconds and the chord of said curve is 103.64 feet in length
and bears South 71 degrees 26 minutes 34 seconds West; thence South 89 degrees 59
minutes 30 seconds East along the north line of said Lot 4 a distance of 252.57 feet to the
point of beginning.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
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27 DAY OF FEBRUARY 2017.
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SCOTT J. LUND – MAYOR
ATTEST:
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DEBRA A. SKOGEN – CITY CLERK