RES 2012-83 - 14987RESOLUTION NO. 2012 - 83
RESOLUTION TO VACATE A PORTION OF AN EXISTING 10 FOOT DRAINAGE
AND UTILITY EASEMENT, RESERVE A PORTION OF THAT EXISTING
EASEMENT, AND DEDICATE A NEW DRAINAGE AND UTILITY EASEMENT
GENERALLY LOCATED AT 7751 EAST RIVER ROAD, PETITIONED BY THE
PROPERTY OWNER, DAVENE SMITH
WHEREAS, a portion of the 10 foot drainage and utility easement has a building constructed
over it; and
WHEREAS, the City Engineer indicates that there is no longer a reason to keep this portion of
the easement; and
WHEREAS, the portion of the existing easement will be retained and an additional easement
area along the northwest side of the property will be reserved and applied as necessary as a
drainage and utility easement; and
WHEREAS, a public hearing was held on this matter by the Planning Commission on October
17, 2012 and the City Council on November 5, 2012; and
WHEREAS, the petitioner, Davene Smith was presented with Exhibit A, the stipulations for
SAV #12 -02, at the November 5, 2012 City Council meeting; and
WHEREAS, the stipulation in Exhibit A will be will be addressed through a separate easement
document; and
WHEREAS, a copy of the EASEMENT VACATION AND DEDICATION EXHIBIT has been
attached; and
NOW THEREFORE, BE IT RESOLVED that:
1. The City of Fridley vacates the following portion of a previously dedicated easement
situate in the City of Fridley, County of Anoka, State of Minnesota, to wit:
All that part of the Drainage and Utility Easement lying 10 feet
Southwesterly of the Northeasterly line of Lot 2, Block 1,
Pearson's 2nd Addition which lies 10 feet Northwesterly of the
Southeasterly line and lying 70 feet Southeasterly of the
Northwesterly line of said Lot 2, Block 1, Pearson's 2nd Addition.
All lying in the South Half of Section 3, T -30, R -24, City of
Fridley, County of Anoka, Minnesota.
Resolution No. 2012 -83
Page 2
2. The City of Fridley reserves, unto itself and other utility providers the remainder of a
previously dedicated permanent easement for drainage and utility purposes, aver,
across, under and through the land situate in the City of Fridley, County of Anoka,
State of Minnesota, to wit:
The Northwesterly 75 feet of Lot 2, Black 1, Pearson's 2nd
Addition.
All lying in the South Half of Section 3, T -30, R -24, City of
Fridley, County of Anoka, Minnesota.
including the right of City, its contractors, agents and servants, and other utility
providers, to enter upon said premises at all reasonable times for the purposes of
construction, reconstruction, inspection, repair, grading, sloping, and restoration
purposes and all such purposes ancillary thereto, and to maintain the above
easement area, any improvements and any underground pipes, conduits, or mains,
together with the right to excavate and refill ditches or trenches for the location of
said pipes, conduits or mains and the further right to remove from the easement
area trees, bushes, herbage, brush, undergrowth and other obstructions interfering
with the location, construction and maintenance of the easement, pipes, conduits,
or mains.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
5TH DAY OF NOVEMBER 2012.
SCOTT L — MAYOR
ATTEST:
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DEBRA A. SKOGEN CITY CLERK
Resolution No. 2012 -83 Page 3
EXHIBIT A
SAV #12 -02 Vacation Request for Davene Smith
Stipulations
1. The petitioner agrees to dedicate an area approximately 75 ft. from the northern property line as a
drainage easement.
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