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RES 2010-16 - 14679RESOLUTION NO. 2010 - 16 A RESOLUTION AUTHORIZING THE CITY CLERK TO WITHDRAW THE CERTIFICATION OF CERTAIN SPECIAL ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST2008 -01 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: WHEREAS, the City Council of the City of Fridley, Minnesota, has previously assessed the following described property for Street Improvement Project ST2008 -01 in Resolution 2008 -54, adopted on the 10th day of November, 2008: LOT 3 BROOKVIEW ADDITION, EXCEPT PORTION PLATTED AS VALLEY VIEW MANOR, PIN 413- 30 -24 -21 -0019; and WHEREAS, the above property, presently owned by Anoka County, is dedicated as part of Locke Park, maintained by the Anoka County Parks Department; and WHEREAS, Anoka County has indicated this previous special assessment is upon property that receives no benefit due to park dedication covenants preventing its development; and WHEREAS, due to administrative error, Anoka County did not file an appeal on the aforementioned special assessment within the allowed timeframe, and WHEREAS, representatives of the Anoka County have requested that the City of Fridley agree to withdraw said special assessment against the described property, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA: 1. The City Council hereby finds that the land enumerated in said previously certified special assessment, is not specially benefited by the special assessment in the amount set, and that said special assessment levied against the land herein described is withdrawn; and 2. Said withdrawal of special assessment previously certified upon the subject property is affirmed, adopted and confirmed, and such withdrawal shall be certified to the County by the City Clerk and filed in the City Clerk's office and shall thereupon be and constitute the special assessment upon said land for Street Improvement Project ST2008 -01; and The City Clerk is hereby directed to withdraw the previous certification on the above described land and to make up and file in the office of the County Auditor of Anoka county, Minnesota, as certified statement of the amount of all such unpaid special assessments, as changed and altered above; and 4. The City Council finds that the withdrawal of this special assessment is a fair and equitable adjustment and it would be in the best interest of the City of Fridley to adopt said special assessment in its amended form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF FEBRUARY 2010. ATTEST: gh- DEBMA A. S kO - ITY CLERK 094" 044VA SCOT . L D — 4� AYOR