RES 2010-85 - 14762Resolution No. 2010 -85
RESOLUTION NO. 2010 -85
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RESOLUTION TO VACATE A PORTION OF 731/2 AVENUE RIGHT -OF -WAY NORTH
OF 7315 HWY 65 NE, WITH APPLICABLE STIPULATIONS AND DEDICATE UTILITY
EASEMENTS TO ALLOW FOR THE REDEVELOPMENT OF THE PARCEL AT 7315
HWY 65 NE.
WHEREAS, this portion of 73 1/2 Avenue is being used as one of three access points that serve the
businesses located along 73 1/2 Avenue; and
WHEREAS, the proximity of 73 1/2 to the controlled intersection at 73 Avenue and State Truck
Highway No. 65 is extremely close and at times can be problematic for turning movements required to
access 73 1/2 Avenue; and
WHEREAS, the vacation of that portion of73 1/2 Avenue will allow additional landscape and
neighborhood enhancing amenities to be planted; and
WHEREAS, other access to 73 1/2 Avenue is protected through a perpetual easement over the service
drive east of the building at 7315 Hwy 65 NE; and
WHEREAS, vacation of this portion of the 73 1/2 Avenue right -of -way is not intended to vacate any
other existing easements currently filed with the Anoka County Recorder's Office: and
WHEREAS, EXHIBIT ONE (attached) documents the public utility easement required by the City of
Fridley, Xcel Energy, Qwest, CenterPoint Energy and any other public utilities to be filed at Anoka
County as part of this vacation request; and
WHEREAS, a public hearing was held on this matter by the Planning Commission on October 20,
2010.
WHEREAS, on November 8, 2010, the Fridley City Council approved the stipulations represented in
EXHIBIT TWO (attached) to this resolution as the conditions approved by the City Council on
Vacation SAV #10 -03; and
WHEREAS, the petitioner, Ashland Inc., was presented with EXHIBIT TWO (attached), the
stipulations for SAV #10 -03, at the November 8, 2010 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacates the following:
That part of 73rd Avenue N. E. (now know as 73 1/2 Avenue NE) donated and dedicated to the
public in CENTRAL VIEW MANOR, according to the recorded plat thereof, Anoka County,
Minnesota, which lies westerly of the following described line:
Beginning at the northwest corner of the East 40 feet of Lot 2, Block 2, said
CENTRAL VIEW MANOR; thence northerly, along the northerly extension of the
Resolution No. 2010 -85
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west line of said East 40 feet a distance of 9.11 feet; thence northerly, northeasterly and
easterly 69.26 feet along a tangential curve to the right having a radius of 44.00 feet
and a central angle of 90 degrees 11 minutes 02 seconds; thence easterly, northeasterly
and northerly 19.70 feet along a compound curve to the left having a radius of 13.20
feet and a central angle of 85 degrees 31 minutes 21 seconds to the south line of Block
1, said CENTRAL VIEW MANOR and there said line terminates (shown illustrated in
EXHIBIT THREE).
PASSED AND ADOPTED BY THE CITY COUNCIL, OF THE CITY OF FRIDLEY THIS Stn
DAY OF NOVEMBER, 2010.
SCOTT UND - MAYOR
ATTEST:
4L-41zie
DEBRA A. SKOGEN CITY CLERK
Resolution No. 2010 -85
EXHIBIT ONE
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A perpetual easement dedicated to the public for utility purposes over, under, and across that portion
of 73rd Avenue, now known as 73 '/2 AVENUE NE, CENTRAL VIEW MANOR, Anoka County,
Minnesota, described as follows:
That part of 73rd Avenue N. E. (now know as 73 '/2 Avenue NE) donated and dedicated to the
public in CENTRAL VIEW MANOR, according to the recorded plat thereof, Anoka County,
Minnesota, which lies westerly of the following described line:
Beginning at the northwest corner of the East 40 feet of Lot 2, Block 2, said
CENTRAL VIEW MANOR; thence northerly, along the northerly extension of the
west line of said East 40 feet a distance of 9.11 feet; thence northerly, northeasterly and
easterly 69.26 feet along a tangential curve to the right having a radius of 44.00 feet
and a central angle of 90 degrees 11 minutes 02 seconds; thence easterly, northeasterly
and northerly 19.70 feet along a compound curve to the left having a radius of 13.20
feet and a central angle of 85 degrees 31 minutes 21 seconds to the south line of Block
1, said CENTRAL VIEW MANOR and there said line terminates.
Resolution No. 2010 -85
EXHIBIT TWO
SAV #10 -03 Street Vacation
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Stipulations
1. Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering
department standards within one year of approval of the vacation request. Removal shall take
place between the eastern line that defines the edge of the eastern disabled vehicle lane of Hwy
65 and the new curb radius along east Service Drive and forming the new terminus of 73 '/2
Avenue NE.
2. New curb and gutter shall be installed along with fill, irrigation, and sod in accordance with a
plan to be approved by City staff, in conjunction with the project described in stipulation #1.
3. Vacated right -of -way shall be landscaped, including a berm; a plan shall be submitted and
approved by City staff within 18 months of approval of the vacation request.
4. The petitioner shall obtain a right -of -way permit from the Minnesota Department of
Transportation for work done within the right -of -way.
Resolution No. 2010 -85
EXHIBIT THREE
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