Resolution No. 2023-133, Approving Vacation, SAV #23-02, for the City of Minneapolis, for the Property Generally Located at 4300 Marshall Street N.E.
Resolution No. 2023-133
Approving Vacation, SAV #23-02 for the City of Minneapolis, for the Property Generally
Located at 4300 Marshall Street N.E.
Whereas, on September 15, 2023, Stonebrooke Engineering on behalf of the City of Minneapolis,
submitted a request to vacate streets, alleys, and a public road easement within the property
owned by the City of Minneapolis and Northern States Power Co., generally located at 4300
Marshall Street 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 the vacation will benefit the public
interest because the streets, alleys, and public road to be vacated are not required to provide
public access, and the proposed vacation allows for a more orderly and accurate organization of
the property; and
Whereas, the legal descriptions and a copy of the Water Plant Addition Preliminary Plat has been
attached hereto as Exhibit A.
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 streets, alleys, and public
road easements situated in the City of Fridley, County of Anoka, State of Minnesota, to wit:
That portion of Marshall Street running across Government Lot 4, Section 27, Government Lots 1,
2, and 3, Section 34, all in Township 30, Range 24 West, Anoka County, Minnesota, lying westerly
of the westerly right of way line of County State Aide Highway No. 1.
And
The entirety of all streets and alleys lying within and adjacent to Blocks 7 through 10 inclusive as
shown on the recorded plat of Berlin, Anoka County, Minnesota, lying westerly of the westerly
right of way line of County State Aid Highway No. 1.
And
rd
All that part of 43 Avenue N.E. located in the Government Lots 1 and 2, Section 34, Township 30
North, Range 24 West, Anoka County, Minnesota, lying westerly of the westerly right of way line
of County State Aid Highway No. 1.
And
The 33-foot-wide public road easement running along the north line of the Lots 37 and 39,
Auditor’s Subdivision No. 39, according to the recorded plat thereof, Anoka County, Minnesota,
lying westerly of the westerly right of way line of County State Aid Highway No. 1.
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
Street Vacation Descriptions
That portion of Marshall Street running across Government Lot 4, Section 27 and Government Lots 1, 2,
and 3, Section 34, all in Township 30 North, Range 24 West, Anoka County, Minnesota, lying westerly of
the westerly right of way line of County State Aid Highway No. 1.
AND
The entirety of all streets and alleys lying within and adjacent to Blocks 7 through 10 inclusive as shown
on the recorded plat of BERLIN, Anoka County, Minnesota, lying westerly of the westerly right of way
line of County State Aid Highway No. 1.
AND
rd
All the part of 43Avenue NE located in the Government Lots 1 and 2, Section 34, Township 30 North,
Range 24 West, Anoka County, Minnesota, lying westerly of the westerly right of way line of County
State Aid Highway No. 1.
AND
The 33 foot wide public road easement running along the north line of Lots 37 and 39, AUDITOR’S
SUBDIVISION NUMBER 39, according to the recorded plat thereof, Anoka County, Minnesota, lying
westerly of the westerly right of way line of County State Aid Highway No. 1.
SITE
34
NOT TO SCALE
STONEBROOKE ENGINEERING, INC.
FRIDLEY, MN
ANOKA COUNTY
VICINITY MAP
Anoka County Coordinates, NAD 83, (2011
Orientation of the bearing system is based onadjustment).
SECTION 34, T 30 N, R 24 W
THIS PLAT PREPARED BY
All that part of Lot 38, Auditor's Subdivision No. 39 described as follows:thence Southerly along said right of way line to a point 265 feet from said South line of the section asthe
intersection with a line parallel with and 40 feet North of said South line of the section; thence WestAll located in Section 34, Township 30, Range 24, City of Fridley, County of Anoka,
State of Minnesota.to a point where it is intersected by the North Westerly line of 37th Avenue N.E., as deeded to the City ofA line 40 feet distant at right angles North Westerly from
and parallel with the following Line, viz:from the South 1/4 corner of said Section running thence South Westerly to the Mississippi River on a lineAll located in Section 34, Township
30, Range 24, City of Fridley, County of Anoka, State of Minnesota.
Commencing at a point on the South line of said Section 34, Township 30, Rane 24, a distance of 156 feetsaid section line a distance of 40 feet to the actual point of beginning; thence
continuing North on the sameline extended a distance of 360 feet; thence Easterly parallel with and 400 feet from said section line to theintersection with the Westerly right of way
line of the East River Road as now laid out and constructed;measured at right angles thereto; thence West parallel to and 265 feet from said South section line to a linedrawn at right
angles with the said South section line from a point thereon distant 234 feet East of theSouthwest corner of said Southeast Quarter of said Section 34; thence South along the last described
line toalong said parallel line to the actual point of beginning and there terminating.Commencing at a point on the South line of said Section 34, 72 rods West of South East corner
of the SouthCommencing at a point in the Southerly line of said Section 34, Township 30, Range 24, 28.2 feet Westerlywhich deflects to the South from the above mentioned Southerly line
of said Section 34, Township 30,above described North West line of 37th Avenue N.E., to a point which is 40 feet Northerly from and a rightangles to the South line of said Section 34;
thence East on a line parallel with and 40 feet Northerly fromand at right angles to the South line of said Section 34, to a point which is distant 72 rods West from theof Deeds in
Anoka County, on September 9th, 1897 at 11 o'clock a.m., and recorded in Book B of Plats, on
East of the Southwest corner of the Southeast Quarter of said Section 34; thence North at right angles with1/2 of the South East 1/4, Section 34, Township 30, Range 24; thence West on
the South line of said SectionMinneapolis by Kiesner and more particularly described as follows, viz:Range 24, at an angle of 43 degrees fifty-three minutes; thence North Easterly on
the extension of theEasterly line of said Section 34; thence South 40 feet to place of beginning.Being the same land shown and designated by red space on that certain map filed in the
office of RegisterPage 18.
All those parts of Lot Thirty (30), Auditor's Subdivision Number Thirty-nine (39), Anoka County, Minnesota, and Lotoffice of the Register of Deeds in and for said County lying within
the following defined lines: (1) A line which is parallelwith and One Hundred (100) feet southwesterly of, measured at a right angle to, the following described line; beginningat a
point on the south line of Section Thirty-four (34), Township Thirty (30) North, Range Twenty-four (24) West,distant 512.7 feet east of the south quarter corner of said Section, thence
run northeasterly at an angle 80 degrees 43for 1076.0 feet; thence on tangent to a point which is distant One Hundred (100) feet northeasterly from the point ofsaid Lot Thirty (30)
and to the filtration plant of the City of Minneapolis; subject to the easement of the United StatesAll that part of Government Lots two (2) and three (3), of section thirty-four (34),
township thirty (30) north, rangetwenty-four (24) west, of the Fourth Principal Meridian, described as follows:Street Northeast and said easterly line extended southeasterly in a straight
line to the north line of Townsite of Berlin,according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Anoka County;thence easterly
along said north line to a point twenty-five (25) feet distant westerly, measured at right angles, from thecenter line of the railway of the Minneapolis, Anoka and Cuyuna Range Railroad
Company, as now located andconstructed; thence northerly parallel with the center line of said railway and twenty-five (25) feet distant therefrom, tosaid south line of 43rd Avenue
Northeast; thence westerly along said south line to the point of beginning, containingten and fourteen hundredths (10.14) acres, more or less.follows:All of Lots 39, 40, 41 and that
part of Lot 38, lying West of State Aid Road No. 1, except that part of said Lot 38Southwest corner of the Southeast Quarter of said Section 34; thence North at right angles with said
section line aAccording to the map or plat thereof on file and of record in the office of the County Recorder in and for AnokaAND FURTHER EXCEPT the following:
Deed Document #106500 (Covers PID#: 34-30-24-12-0002)Nine (9), Auditor's Subdivision Number Seventy-nine (79), according to the plats thereof on file and of record in theminutes 30 seconds
with said south section line for 289.1 feet; thence deflect to the left at an angle of 5 degrees 37minutes for 3677.83 feet; thence deflect to the left on a 2 degree 30 minutes curve,
delta angle 26 degrees 54 minutesintersection of the line being defined in this clause (1) and the line defined in clause (2) hereof, said One Hundred(100) feet being measured at a
right angle to said line defined in clause (1); (2) The center line of the United StatesMilitary Highway, sometimes referred to as Marshall Street N.E., as such road or street existed
on October 11, 1940;(3) The Northerly line of the right-of-way of the spur track of the Great Northern Railway Company extending acrossMilitary Highway, Anoka County, Minnesota.Deed
Document #93625 (Covers PID#: 34-30-24-13-0001)Beginning at the intersection of the easterly line of Marshall Street Northeast, with the south line of 43rd AvenueNortheast, as said
streets are now laid out and established; thence southeasterly along said easterly line of Marshall Quit Claim Deed #685095 (Covers a portion of PID#: 34-30-24-34-0006)Part of Auditor's
Subdivision No. 39 of Section 34, Township 30, Range 24, Anoka County, Minnesota described asdescribed as follows: Beginning at a point on the South line of said Section 34, a distance
of 234 feet East of thedistance of 265 feet; thence Easterly parallel with said section line to its intersection with the Westerlyright-of-way line of the East River Road as now laid
out and constructed; thence Southerly along said right-of-wayline to its intersection with the South line of the Southeast Quarter of said section; thence West along said Southline
to beginning.County, Minnesota.EXCEPT the following:
o
And all that part of Government Lot one (1), Section thirty-four (34), Township thirty (30) North, RangeThe northerly 43.55 feet of that part of the following described property lying
west of County State Highway No.All that part of Government Lot 4, Section 27, Township 30 North, Range 24 West described as follows:the southeast Section corner of said Section 27;
thence northerly along the center line of said old United Statesfeet more or less to the easterly shore of the Mississippi River, thence southerly along the easterly shore of thethe
point of beginning, Anoka County, Minnesota.
Quit Claim Deed Document #2340683.001 (PID#: 27-30-24-43-0003)Commencing at a point formed by the intersection of the center line of the old United States Military roadso-called, and
the line dividing Sections 27 and 34, said township and range, which point is 2245.3 feet west ofMilitary road on a deflection of 1 degree and 38 minutes east from a line at right angles
to the south line ofSection 27 a distance of 366.4 feet; thence west parallel with the south line of said Section 27 a distance of 460Mississippi River intersects the south line of
said Section 27; thence east along the south line of Section 27 to
1 also known as East River Road:
All that part of Government Lot Four (4), Section twenty-seven (27), Township thirty (30) North, Range
twenty-four (24) West described as follows: Commencing at a point formed by the intersection of the center line of theold United States Military road so-called, and the line dividing
sections twenty-seven (27) and thirty-four (34), saidtownship and range, which point is two thousand two hundred forty-five and three-tenths (2245.3) feet west of thesoutheast section
corner of said section twenty-seven (27); thence northerly along the center line of said old UnitesStates Military road on a deflection of one (1) degree and thirty-eight (38) minutes
east from a line at right angles to thesouth line of section twenty-seven (27), a distance of three hundred sixty-six and four-tenths (366.4) feet, thence westthe easterly shore of
the Mississippi River, thence southerly along the easterly shore of the said Mississippi River to athence east along the south line of section twenty-seven (27) to the point of beginning;twenty-four
(24) West, described as follows: Commencing at a point formed by the intersection of the center line of theold United States Military road so-called, with the north line of section
thirty-four (34) said township and range, whichsection thirty-four (34); thence southerly along the center line of said old United States Military road on a deflection ofone (1) degree
and thirty-eight (38) minutes west from a line at right angles to the north line of said section thirty-fourdistance of six hundred seventeen (617) feet more or less to the easterly-shore
of the Mississippi River, thencethe point of beginning, containing eight (8) acres more or less, according to the Government survey thereof on file andof record in the office of the
Register of Deeds in and for Anoka County, Minnesota.All that part of Government Lot one (1) in Section thirty-four (34), Township Thirty (30), Range Twenty-four (24),described as follows:
Commencing at a point in the center line of the old United States Military Road, so-called,of the north line of said Section 34, 617 feet more or less to the east shore of the Mississippi
River, thence southerlyalong the east shore of the Mississippi River to the south line of said Government Lot One (1); thence east on thesouth line of said Government Lot One (1) to
the center line of said Military Road; thence north along the center line odsaid Military Road to the point of beginning, all according to the government survey thereof.All that part
of Government Lots Two (2) and Three (3), in Section Thirty-four (34), Township Thirty (30), RangeTwenty-four (24), described as follows: Beginning at the point of intersection of
the east bank of the Mississippi Riverand the North line of said government Lot Two (2) and running thence east upon and along the north line of saidgovernment Lot Two (2) 554.5 feet,
more or less, to the center line of the old United States Military Road, so-called,southerly along the center line of said old United States Military Road to a point in the center line
of said road distant90.42 feet south of the north line of said government Lot Three (3); thence west upon and along a line parallel with anddistant 90.42 feet south of the north line
of said government Lot Three (3) 1040 feet, more or less, to the east bank ofthe Mississippi River; and thence northeasterly along the east bank of the Mississippi River to the point
of beginning, -except all that part of said land above described which lies easterly of a line parallel with and distant westerly 623 feetfrom, measured at right angles to, the center
line of the main track of the Great Northern Railway Company as nowsaid government Lot Three (3) and running thence northerly parallel with the said center line of the main track of
saidof electric poles and wires along the southerly line of said land.All that part of Government Lots two (2) and three (3), in Section thirty-four (34), Township thirty (30), Rangetwenty-four
(24), described as follows: beginning at a point in said Lot three (3) which is distant 90.42 feet south of theold United States military road extending northerly and southerly across
said Section 34; thence southeasterly 30 feetfeet south of the north line of said Government Lot 3, measured at right angles to said north line; thence west to theQuit Claim Deed
Document #2340683.003 (PID#: 34-30-24-42-0007 & 34-30-24-42-0008)
Deed Document #63502 (Covers PID#: 27-30-24-43-0004 & a portion of 34-30-24-31-0001)parallel with the south line of said section twenty-seven (27) a distance of four hundred sixty (460)
feet more or less topoint where the easterly shore of the Mississippi River intersects the south line of said section twenty-seven (27),point is two thousand two hundred forty-five
and three tenths (2245.3) feet west from the Northeast corner of said(34), a distance of three hundred thirty-six (336) feet, thence west parallel with the north line of section thirty-four
(34) anortherly along the easterly shore of said Mississippi River to a point where the easterly shore of the Mississippi Riverintersects the north line of said section thirty-four
(34), thence east along the north line of said section thirty-four (34) tEXCEPTDeed Document #49986 (Covers a portion of PID#: 34-30-24-31-0001)running north and south across said Lot
1, which point is distant 336 feet south of the north line of said Section 34measured along the center line of said road, and running thence west on a line parallel with and distant
336 feet southDeed Document #49984 (Covers a portion of PID#: 34-30-24-31-0001)running northerly and southerly across said Government Lots Two (2) and Three (3); thence southeasterly
andlocated and established across said Section 34, said line commencing at a point 90.42 feet south of the north line ofrailway company 734.6 feet, more or less, to the center line
of said old United States Military Road, subject to taxeslevied and assessed on said land hereby conveyed for the year 1917 and subject also to an easement for the placingDeed Document
#63516 (Covers a portion of PID#: 34-30-24-31-0001)north line of said Government Lot three (3), measured at right angles with said north line of said lot, and which point ofbeginning
is distant westerly 623 feet measured at right angles, from the center line of the main track of the GreatNorthern Railway Company as now located and established across said Section
34 and running thence northerlyparallel with the said center line of the main track of said railway company 485 feet more or less to the west line of themore or less to a point in the
said westerly line of said old military road distant 7 feet east of said first above describedline measured at right angles thereto; thence southerly on a line parallel with and distant
7 feet east of, measured atright angles to, said first above described line and along the westerly line of a proposed road, to a point distant 90.42point of beginning, containing approximately
2836 square feet of land.Lots 1 and 2, Block 7, BERLIN, Anoka County, Minnesota.
Certificate of Title No. 28852 (Covers PID#: 34-30-24-12-0001)All that part of Lot Thirty (30), Auditor's Subdivision Number Thirty-nine (39), Anoka County, Minnesota, accordingto the
plat thereof on file and of record in the office of the Register of Deeds for said County, lying southerly andwesterly of the south line of the right of way of the spur track of Great
Northern Railway Company extendingeasterly and westerly across said Lot to the filtration plant of the City of Minneapolis, and the westerly line of theCertificate of Title No. 33713
(Covers PID# 34-30-24-31-0002, 34-30-24-31-0007, 34-30-24-42-0002,That part of Lot 23, Auditor's Subdivision No. 39, Anoka County, Lying West of Marshall Street as now constructedand
traveled,and all that part of Government Lot 3, Section 34, Township 30, Range 24, lying within the limits of said MarshallStreet and bounded on the North by the Southerly limits of
the Townsite of Berlin, and on the Southwest by theWesterly line of said Lot 23 extended Northwesterly,Township 30, Range 24, lying within the limits of Marshall Street as now constructed
and traveled, and boundedon the South by the Northerly limits of the Townsite of Berlin, and on the Northwest by a line which is parallel to,and 500 feet distant Westerly measured at
right angles from the center line of the main track of the railway of theGreat Northern Railway Company, as now located and constructed;All of Block 9, Berlin, Anoka County;the East
One Hundred Thirty (130) feet of Lot 5, Block 10, Berlin, Anoka County subject to an easement toSubject to conditions contained in Document #6695 filed June 2, 1949.Certificate of Title
No. 52150 (Covers PID#: 34-30-24-31-0007 & 34-30-24-42-0011)ANDon file or of record in the Office of the Register of Deeds in and for said Anoka County.Certificate of Title No. 56530
(Covers PID#: 34-30-24-34-0006)That the part of the South half of the Southeast Quarter (S 1/2 of SE 1/4) of Section 34, Township 30, Range 24described as follows:corner of S 1/2 of
SE 1/4 of said Section 34, 60 feet east of a point marked by Judicial Monument, thence South ata right angle to said North line a distance of 660 feet to a point 60 feet east of a point
marked by a JudicialSE 1/4 of said Section 34, a distance of 805.09 feet, more or less, to the center-line of old U. S. Military Road nowcenter-line of said road a distance of 695.2
feet to the North line of S 1/2 of SE 1/4 of said Section 34, to a pointthereof lying Easterly of the Center- line of State Aid Road No. 1, as said State Aid Road is laid out and opened
onthe date hereof.Certificate of Title No. 148866 (Covers PID#: 34-30-24-42-0009)Subject to the highway easement of all that part of said lots which lie easterly of the line run parallel
with anddistant 100 feet westerly of the following described line. Beginning at a point on the South line of SectionThirty-four (34), Township Thirty (30) North, Range Twenty-four (24)
West, distant 512.7 feet east from the southquarter corner thereof, thence run northeasterly at an angle of 80 degrees 43 minutes 30 seconds with said southsection line for 289.1 feet,
thence deflect to the left at an angle of 5 degrees 37 minutes for 2400 feet thereterminating.
Legal Description:right of way of Anoka County Highway No. 1, as laid out and established in a northerly and southerly direction.34-30-24-42-0010, 34-30-24-42-0012 & 34-30-24-31-0001)Lot
34, of Auditor's Subdivision No. 39, Anoka County, and that part of Government Lots 2 and 3, in Section 34,Lot 35, and Lot 36 except that part of Lot 36 which lies Easterly of the Easterly
Right of Way line of State Aid RoadNo. 1, as said State Aid Road is now laid out and opened, Auditor's Subdivision No. 39, Anoka County;Lots 6 to 10, inclusive, Block 7, Berlin, Anoka
County,Lots 1 to 5, inclusive, Block 8, Berlin, Anoka County,Lot 4, and the East One Hundred Thirty (130) feet of Lot Five (5), Block 10, Berlin, Anoka County; according to theplat
thereof on file and of record in the office of the Register of Deeds in and for said Anoka County.Northern States Power Company for the sole purpose of the maintenance of a transmission
line across the same.Lots numbered Six (6), Seven (7), Eight (8), Nine (9), and Ten (10), in Block numbered Eight (8)Lots Numbered One (1), Two (2) and Three (3), in Block numbered
Ten (10), of Berlin according to the plat thereofLot numbered thirty-seven (37), Auditor's Subdivision number thirty-nine (39), Anoka County, Minnesota,EXCEPTING that portion thereof
lying Easterly of the Center-line of State Aid Road No. 1, as said State Aid Road islaid out and opened on the date hereof, according to the plat thereof on file and of record in the
office of theRegister of Deeds in and for said County and State more particularly described as follows:Beginning at a point in the North line of S 1/2 of SE 1/4 of said Section 34,
distant 108 Rods West of the NortheastMonument, thence West through said last mentioned Judicial Monument parallel with the North line of S 1/2 ofknown as E. River Road, through and
34.7 feet beyond a Judicial Monument, thence Northeasterly along the34.7 feet West of a Judicial Monument, thence East through said last mentioned Judicial Monument along theNorth line
of said S 1/2 of SE 1/4 of said Section 34, a distance of 587.35 feet, passing also through said firstmentioned Judicial Monument, to the point of beginning, EXCEPTING from the above
described tract that portionLots Three (3), Four (4), and Five (5), Block Seven (7), Berlin, Anoka County, Minnesota.
STONEBROOKE ENGINEERING, INC.
THIS PLAT PREPARED BY
STONEBROOKE ENGINEERING, INC.
THIS PLAT PREPARED BY