Resolution No. 2023-134, Approving Vacation, SAV #23-03, bor Bona Management Fridley, LLC, for the Property Generallyt Located at 5311-5333 University Avenue N.E.
Resolution No. 2023-134
Approving Vacation, SAV #23-03 for Bona Management Fridley, LLC for the Property
Generally Located at 5311-5333 University Avenue N.E.
Whereas, on September 15, 2023, Bona Management Fridley, LLC, submitted a request to vacate
a portion of the University Avenue Service Drive, and a Highway Easement adjacent to the
property located at 5311-5333 University Avenue N.E.; and
Whereas, notice of a public hearing concerning the requested vacation was provided in
accordance with Fridley City Code § 205.05.08 and a public hearing was held on said request at
the Fridley City Council (Council) meeting on November 13, 2023, at the Fridley City Hall, 7071
University Avenue N.E.; and
Whereas, at the Council Meeting on November 13, 2023, the Council proceeded to hear all
persons interested in said vacation request and the Council considered the request for said
vacation; and
Whereas, the Council in its discretion has determined that retaining the excess right-of-way and
easement area isn’t a benefit to the public and retaining a 20-foot access easement is sufficient
to allow egress and ingress to the public alley abutting the subject property; and
Whereas, the legal descriptions of the areas to be Vacated is attached hereto as Exhibit A; and
Whereas, the legal descriptions of the areas to be reserved through an Access Easement is
attached hereto as Exhibit B.
Now, therefore be it resolved that the City of Fridley (City), pursuant to City Charter §12.07, City
Code § 205.05.8 and Minnesota Statues § 412.851, hereby vacates the street and highway
easement situated in the City of Fridley, County of Anoka, State of Minnesota, to wit:
Proposed Description for Vacation of Highway Easement as Quit Claimed to the City of
Fridley per Doc. No. 680441: (Easement Vacation “A”)
That part of Lots 24 through 30 inclusive, of Block 13, Hamiliton’s Addition to Mechanicsville,
according to the recorded plat thereof on file and of record in the office of the Registrar of Titles
in and for Anoka County, Minnesota, the title thereto being registered as evidenced by Certificate
of Title No. 43954;
which lies northwesterly of Line 1 described below and southerly of Line 2 described below:
Line 1. Beginning at a point on the North line of Block 11 of said Hamilton’s Addition to
Mechanicsville, distant 25 feet east of the northwest corner thereof; thence run
southwesterly to a point on the east right of way line of Trunk Highway No. 47, as
located and established prior to January 1, 1945, distant 985.00 feet southerly of
its intersection with a line run parallel with and distant 75 feet southerly of Line 3
described below and there terminating;
Line 2. From the west quarter corner of Section 23, Township 30 North, Range 24 West,
run southerly along the west line thereof, for 1068.72 feet; thence deflect to the
left at an angle of 85 degrees 49 minutes 38 seconds for 191.02 feet; thence deflect
to the left at an angle of 3 degrees 17 minutes 15 seconds for 1073.99 feet; thence
deflect to the right at an angle of 89 degrees 02 minutes 15 seconds for 922.72
feet to the point of beginning of Line 2 to be described; thence deflect to the left
at an angle of 90 degrees 00 minutes 00 seconds for 200 feet and there
terminating;
Line 3. Beginning at a point on the north and south quarter line of said Section 23, distant
1254.6 feet south of the center of said Section 23; thence run westerly at an angle
of 85 degrees 59 minutes 00 seconds from said north and south quarter line
(measured from north to west) for 1400.00 feet and there terminating.
And
Proposed Description for Street Vacation “B”
That part of the east 30.0 feet of University Avenue NE (platted as Alton Avenue and dedicated in
the plat of Hamilton’s Addition to Mechanicsville) also being the west 30 feet of the Southeast
Quarter of the Southwest Quarter of Section 23, Township 30, Range 24, Anoka County,
Minnesota, which lies northerly of the south 52.0 feet of said Southeast Quarter of the Southwest
Quarter and lying southerly of the following described line (being described as Line 2 in the
MnDOT Turnback recorded as Doc. No. 680441 in the Anoka County Recorders office);
From the west quarter corner of Section 23, Township 30 North, Range 24 West, run southerly
along the west line thereof, for 1068.72 feet; thence deflect to the left at an angle of 85 degrees
49 minutes 38 seconds for 191.02 feet; thence deflect to the left at an angle of 3 degrees 17
minutes 15 seconds for 1073.99 feet; thence deflect to the right at an angle of 89 degrees 02
minutes 15 seconds for 922.72 feet to the point of beginning of line being described; thence
deflect to the left at an angle on 90 degrees 00 minutes 00 seconds for 200 feet and there
terminating.
And
Proposed Description for Street Vacation “C”
That part of the west half of University Avenue also being the east 30.0 feet of the Southwest
Quarter of the Southwest Quarter (SW1/4, SW1/4) of Section 23, Township 30, Range 24, Anoka
County , Minnesota, which lies northerly of the south 52.0 feet of said SW1/4, SW1/4 and lying
easterly of a line drawn 60.0 feet easterly of the following described line (being described as Line
1 on MnDOT Amended Width Order No. 62597);
Beginning at a point on the east and west quarter line of said Section 23, Township 30, Range 24,
distant 1253.2 feet east of the west quarter thereof; thence run southerly at an angle of 90 degrees
42 minutes from the east and west quarter line of said Section 23 (measured from west to south)
for 2025.2 feet; thence deflect to the right on a 0 degree 05 minute curve (delta angle 0 degrees
59 minutes, radius 68755.00 feet) for 1180 feet and there terminate;
All of which is southerly of the following described line (being described as Line 2 on the MnDOT
Turnback recorded as Doc. No. 680441 in the Anoka County Recorders office):
From the west quarter corner of Section 23, Township 30 North, Range 24 West, run southerly
along the west line thereof, for 1068.72 feet; thence deflect to the left at an angle of 85 degrees
49 minutes 38 seconds for 191.02 feet; thence deflect to the left at an angle of 3 degrees 17
minutes 15 seconds for 1073.99 feet; thence deflect to the right at an angle of 89 degrees 02
minutes 15 seconds for 922.72 feet to the point of beginning of line being described; thence
deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 200 feet and there
terminating.
And
Reserving and subject to an easement for access purposes over the west 10.0 feet of that part of
the Southeast Quarter of the Southwest Quarter and the east 10.0 feet of the Southwest Quarter
of the Southwest Quarter, lying north of the south 52.0 feet thereof and lying south of the
following described line:
From the west quarter corner of Section 23, Township 30 North, Range 24 West, run southerly
along the west line thereof, for 1068.72 feet; thence deflect to the left at an angle of 85 degrees
49 minutes 38 seconds for 191.02 feet; thence deflect to the left at an angle of 3 degrees 17
minutes 15 seconds for 1073.99 feet; thence deflect to the right at an angle of 89 degrees 02
minutes 15 seconds for 922.72 feet to the point of beginning of the line being described; thence
deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 200.0 feet and there
terminating.
And
An easement for access purposes lying over those parts of the Vacated University Avenue NE and
Lot 30, Block 13, Hamiton’s Addition To Mechanicsville, Anoka County, Minnesota, which lie
adjacent to and 12.0 feet southerly of the following described line: From the west quarter corner
of Section 23, Township 30 North, Range 24 West, run southerly along the west line thereof, for
1068.72 feet; thence deflect to the left at an angle of 85 degrees 49 minutes 38 seconds for 191.02
feet; thence deflect to the left at an angle of 3 degrees 17 minutes 15 seconds for 1073.99 feet;
thence deflect to the right at an angle of 89 degrees 02 minutes 15 seconds for 922.72 feet to the
point of beginning of the line being described; thence deflect to the left at an angle of 90 degrees
00 minutes 00 seconds for 200 feet and there terminating;
And
An easement for access proposes over that part of Lots 28 though 30 inclusive, of Block 13,
Hamilton’s Addition of Mechanicsville, Anoka County, Minnesota, described as follows: Beginning
at a point on the north line of said Lot 30, distance 28.0 feet west from the northeast corner
thereof; thence southeasterly to a point on the east line of said Lots, distant 92.0 feet southerly
from the northeast corner of said Lot 30 and there terminate.
th
Passed and adopted by the City Council of the City of Fridley this 13 day of November
2023.
________________________________
Scott J. Lund – Mayor
Attest:
________________________________
Melissa Moore – City Clerk