Ordinance No. 1198 11-08-2004ORDINANCE NO. 1198
AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA, BY APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN
PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN.
WHEREAS, the City of Fridley, Minnesota, owns certain property on which property fi�tures
and improvements by an adjoining landowner have encroached; and
WHEREAS, it would be to the benefit and advantage of the City of Fridley, Minnesota, that
certain land on which a pathway easement is located in the City to benefit the public would be
converted to fee ownership in the City; and
WHEREAS, the Fridley City Charter Chapter 12.06., SALES OF REAL PROPERTY, requires
that no real property of the City shall be sold or disposed of except by ordinance and that the
proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness
incurred by the City in the purchase, construction, or improvement of this or other property used
for the same public purpose; but if there is no such outstanding indebtedness, then the Council
may by a resolution adopted by an affirmative vote of at least four (4) members of the Council
designate some other public use for such proceeds; and
WHEREAS, Brendan M. and Cheryl A. Klein ("the Klein's") are the fee owners of Lot 13,
Block 1 Innsbruck North 2"d Addition, Anoka County, Minnesota; and
WHEREAS, The City is the fee owner of Farr Lake Park with no outstanding indebtedness; and
WHEREAS, the Kleins have inadvertently encroached upon the City's Farr Lake Park property
by constructing improvements thereon; and
WHEREAS, the City has, from the Kleins, obtained easements for use for pathway purposes but
would prefer to own its interest in the property in fee; and
WHEREAS, the two parcels of land are of approximately the same size; and it is of mutual
benefit to the City and the Klein's to exchange portions of these lots to eliminate the
encroachment; and
WHEREAS, The City finds that the proposed land exchange is in the best interest of the City and
its citizens.
WHEREAS, the description of the property that the the City would convey to the Klein's is
described as that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck
North, Anoka County, Minnesota, labeled and described as Tract "A" on the attached sheet.
Ordinance No. 1198
Page 2
WHEREAS, the description of the property that the City would accept from the Klein's is that
real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2"a
Addition, Anoka County, Minnesota, labeled and described as Tract "B" on the attached sheet.
IT IS, THEREFORE, HEREBY ORDAlNED BY THE CITY OF FRIDLEY, that in accordance
with City Charter, this land shall be disposed of in a land exchange, rather than a sale.
IT IS FURTHER ORDAlNED that the City convey to the Klein's that real property described as
that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and
described as Tract "A" on the attached sheet, and
That the City accept from the Klein's that real property described as that 1,550 sq. ft. portion of
Lot 13, Block 1, Innsbruck North 2"d Addition, Anoka County, Minnesota, labeled and described
as Tract "B" on the attached sheet.
IT IS FURTHER ORDAlNED that the Mayor and City Manager are authorized to execute on
behalf of the City any and all such documents and instruments as may be necessary to effect the
foregoing on behalf of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gTx
DAY OF NOVENIBER, 2004.
.���,� �'�,
Scott J. Lund, Mayor
Debra A. Skogen, C' Clerk
Public Hearing: October 25, 2004
First Reading: October 25, 2004
Second Reading: November 8, 2004
Publication: November 11, 2004