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RES 1991-98 - 00003781.t 6 4 M A UTILITY EMSEMU OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, :.« 5, HYDE PARK WHEREAS, Wayne A. Johnson and Mary C. Johnson have petitioned to construct a garage on the property legally described as Lots 25 and 26, Block 5, Hyde Park; and WHEREAS, variance and vacation requests were filed; and WHEREAS, the City Council on May 16, 1988 approved a vacation request, SAV #87- 07, to vacate a 12 foot alley in Block 5, Hyde Park, lying north of the south line of Lot 22, and Lot 9 to the south right-of-way line of 61st Avenue; and WHEREAS, the Appeals Commission approved a variance on May 10, 1986 to construct a 22' x 40' garage within one foot of the rear lot line and three feet of the side lot line now created by vacation of the 12 foot alley; and WHEREAS, vacation request, SAV #87 -07, required a utility easement to be retained over the entire portion of the vacated alley; and WHEREAS, the vacation request, SAV #87 -07, required the garage location contingent upon passage of a resolution by the City Council authorizing a specified distance of encroachment into the retained easement; and ' WHEREAS, the petitioner has completed the necessary memorialization process to add the 12 foot alley to the certificate of title for the property; and WHEREAS, there are no City - maintained utilities located immediately underground or underneath said utility easement; and WHEREAS, there are overhead NSP wires; and WHEREAS, the City is willing to allow Wayne A. Johnson and Mary C. Johnson to construct the garage and to encroach upon the City's easement upon the following terms and conditions. NOW, THEREFORE, BE IT RESOLVED and agreed by the City of Fridley and Wayne A. Johnson and Mary C. Johnson as follows: 1. The City grants to the Johnson's the right to construct the detached garage over the utility easement as depicted in the site plan shown in Exhibit A which is attached hereto as though incorporated in full. 2. In the event of an emergency, the City may without notice remove, alter, or dismantle said garage on its own accord. The City shall have no liability to Wayne A. Johnson and Mary C. Johnson for any injuries or damages which they may sustain as a result of the removal of the garage. ' 3. Wayne A. Johnson and Mary C. Johnson agree to indemnify and hold the City harmless from any liability, damages, or threatened litigation which the City may incur arising out of the usage of the garage. Page 2 — Resolution No. 98 - 1991 ' 4. Wayne A. Johnson and Mary C. Johnson further agree that if the garage becomes damaged or is removed due to the utilization by the City of its rights in the easement, the City shall have no liability or obligation to repair or restore said garage. 5. This resolution shall be binding upon Wayne A. Johnson and Mary C. Johnson and their heirs and successors in interest. 6. At the time that the garage is removed, the rights under this resolution shall automatically terminate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF DECEMBER, 1991. WILLIAM J. N - MAYOR ATTEST: ' SHIRLEY A. ALA - CIV CLERK J ass