Res 2018-34
RESOLUTION NO. 2018 – 34
RESOLUTION ACCEPTING A LETTER OF UNDERSTANDING IN LIEU OF A
DEVELOPMENT AGREEMENT FOR DEVELOPMENT OF THE PROPERTY
GENERALLY LOCATED AT 5601 EAST RIVER ROAD NE, FRIDLEY
WHEREAS, The Planning Commission held its public hearing on February 21, 2018, regarding the property
generally located at 5601 East River Road NE, Fridley, Minnesota, and its rezoning from C-3, General
Shopping, to M-2, Heavy Industrial; and
WHEREAS, the Planning Commission unanimously recommended approval of the rezoning from C-3,
General Shopping to M-2, Heavy Industrial; and
WHEREAS, the Planning Commission’s recommendation included a stipulation which stated: \[There shall
be\] A development agreement between the petitioner and the City outlining the Developer’s public/private
site improvements prepared by the City and shall be signed by the petitioner prior to issuance of a
building permit for the first building. The Development Agreement shall include but is not limited to the
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following: streets, utilities, landscape, the disposition of eastern private driveway when 57 Avenue is
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extended, ponding needed for the 57 Avenue extension, multi-model access from the subject property,
and park dedication fees; and
WHEREAS, on March 26, 2018, the City Council held its hearing on this item and concurred with the
Planning Commission and required a Development Agreement; and
WHEREAS, this property is entirely private relative to its streets, driveways, utilities, etc. The land to be
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gifted to the City for the 57 Avenue extension eliminates any public streets within the private development.
The City/County will own the street and the property beneath it. Therefore, unlike developments where a
development agreement is required, this development was deemed to not need a development agreement, but
instead a determination was made (between staff and the developer) that a letter of understanding could be
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filed to outline certain aspects of what will occur when the 57 Avenue extension is completed, and other
details relative to pond maintenance, etc.; and
WHEREAS, park dedication fees are paid as part of the permit fee and do not need to be separately spelled
out in a development agreement; and
WHEREAS, the developer's approved site plan contemplates multi-modal (walkways to transit, bike racks,
etc.) and no separate language would be necessary in a development agreement; and
WHEREAS, the property located at 5601 East River Road NE, Fridley, Minnesota, is hereby legally
described as follows:
Tract 1:
All that part of Section Twenty-two (22), Township Thirty (30), Range Twenty-four (24),
Anoka County, Minnesota, described as follows:
Commencing at a point, marked by Judicial Landmark on the South line of said Section
and distant 365 feet Westerly of, measured at a right angle to the center line of the main
track of Great Northern Railway Company, running in a Northerly and Southerly
direction through said Section; thence Northerly parallel with and distant 365 feet
Westerly of measured at a right angle to said center line of said main track, 4,574.75 feet
to a point marked by Judicial Landmark; thence Northeasterly 714 feet to a point, marked
by Judicial Landmark, on the North line of said Section Twenty-two (22), and distant 265
feet Westerly of, measured along said North section line, the said center line of main
track, thence West on said North section line 328.35 feet to the pint of intersection,
marked by Judicial Landmark, with the Easterly line of right of way of Anoka County
Highway No. 1, as laid out and established in a Northerly and Southerly direction through
said Section; thence Southerly along said Easterly line of said highway right of way to
the point of intersection, marked by a Judicial Landmark, with the South section line of
said Section Twenty-two (22), thence East along said section line 1,792.9 feet to the ping
of beginning.
Excepting that part lying Northerly of the following described line:
Commencing at a ping in the North line of Lot 13, Auditor’s Subdivision No. 78, being
also the North line of the Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) of
said Section Twenty-two (22), distant 365 feet Northwesterly, measured at right angles,
from the center line of main track at the railway of the Great Northern Railway Company,
as now located and constructed; thence Southerly parallel with said center line of main
track for 570 feet; thence Westerly on a line, hereinafter called “Line X” parallel with
said North line of Lot 13, 400 feet to a point hereinafter, called “Point A;” thence
Easterly retracing last described course for 400 feet; thence Southwesterly parallel with
said center line of main track distant 365 feet Northwesterly, measures at right angles,
there from to a point, being the point of beginning of the line to be described, in a line
parallel with and distant 878 feet South, measured at right angles, from said North line of
said Lot 13; thence Westerly parallel with said North line of Lot 13 for 385 feet; thence
North in a Straight line to Point A; thence Northerly at right angles to Line x for 17 feet;
thence Northwesterly at an angle to the left of 60 degrees 30 minutes to a point in the
Easterly boundary line of East River Road, and there terminating.
Excepting that part lying Southerly of the following described line:
Commencing at the Southeast corner of said Section 22; thence Northerly along the East
line of said Section 22, a distance of 1,528.6 feet to the ping of beginning of the line to be
described; thence deflecting to the left an angle of 86 degrees 28 minutes a distance of
3,500 feet and there terminating.
Tract2:
All that part of the Northeast Quarter of the Southeast Quarter (NE ¼ of SE 1/4) of
Section Twenty-two (22), Township Thirty North (30), Range Twenty-four (24) West of
the Fourth Principal Meridian, described as follows:
Beginning at a point in the North line of said Northeast Quarter of the Southeast Quarter
(NE ¼ of SE ¼) of Section Twenty- two (22), perpendicularly distant Three Hundred
Sixty-five (365) feet West of the center line of main track of the Railway of the Great
Northern Railway Company as now located and constructed; thence Southerly parallel
with said center line of main track to a point in the Northerly boundary line of State
Trunk Highway No. 100, said Northerly highway boundary line lying parallel with and
perpendicular distant One Hundred Fifty (150) feet Northerly from the survey centerline
of said State Trunk Highway No. 100 as now laid out and established; thence Easterly
parallel with center line of said highway, Three Hundred (300) feet; thence Northwesterly
in a straight line to a point in said North line of the Northeast Quarter of the Southeast
Quarter (NE ¼ of SE ¼), distant One Hundred Seventy (170) feet East of the place of
beginning thence West along said North line of the Northwest Quarter of the Southeast
Quarter (NE ¼ of SE ¼) a distance of One Hundred Seventy (170) feet to the place of
beginning, according to the United States Government Survey thereof.
Tract 3:
That part of the Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) of Section
Twenty-two (22), Township Thirty (30), Range Twenty-four (24), described as follows:
Commencing at a point on the South line of said Southeast Quarter of the Northeast
Quarter (SE ¼ of NE ¼) distant 365 feet Westerly of, measured at right angle to, the
center line of the main track of the railway of the Great Northern Railway Company as
now located and constructed in a Northerly and Southerly direction through said Section
Twenty-two (22); thence Northerly, parallel with and distant 365 feet Westerly of,
measured at a right angle to, said center line of said main track to a point which is 878
feet Southerly of, measured at a right angle to, the North line said Southeast Quarter of
the Northeast Quarter (SE ¼ of NE ¼); thence Easterly parallel with said North line of
said Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) a distance of 169.26
feet, more or less, to a point distant 196 Westerly of, measured at a right angle to, said
center line of main track, which point is marked by Judicial Landmark; thence Southerly
parallel with and distant 196 feet Westerly of, measured at a right angle to, said center
line of said main track to the South line of said Southeast Quarter of the Northeast
Quarter (SE ¼ of NE ¼), which point is marked by Judicial Landmark; thence Westerly
along South line to the point of commencement, according to the United States
Government Survey thereof. The Easterly line of said land is marked by Judicial
Landmarks set pursuant to Torrens Case No. T-1311.
WHEREAS, a Letter of Understanding was drafted, which covers assuring understanding of the essential
topic areas of streets, utilities, ponds and landscape, therefore eliminating the need for a more complex
development agreement; and
WHEREAS; a bank drawn surety is in place to assure all on-site improvements are made to match the plans
that were approved or to allow the City to make or correct said improvements;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby accepts the
Letter of Understanding, dated July 3, 2018, between the City of Fridley and the property owner, John Allen,
Industrial Equities, in lieu of the Development Agreement required in the City Council’s approval of
Rezoning, ZOA #18-01.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9 DAY
OF JULY, 2018.
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SCOTT J. LUND – MAYOR
ATTEST:
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DEBRA A. SKOGEN - CITY CLERK