Res 1998-67 001119
RESOLUTION NO. 67 - 1998
A RESOLUTION APPROVING A VACATION, SAV #98-02,
GENERALLY LOCATED AT 5300 6TH STREET
Whereas, the Planning Commission held a public hearing on the vacation,
SAV #98-02, on August 19, 1998, and September 2, 1998 and recommended
approval to vacate:
The alley legally described as: All that part of the alley
adjacent to Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20,
Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka
County, Minnesota.
Whereas, the City Council held a public hearing at their September 14,
1998 meeting and the petitioner determined he needed additional time;
and
Whereas, the City Council further evaluated and approved the vacation
request at their October 5, 1998 meeting; and
Whereas, the vacation request has been made and processed in conformance
with Minnesota State Statutes and pursuant to Section 12 .07 of the City
Charter and Chapter 205 of the Fridley City Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Fridley hereby approves the vacation, SAV #98-02, and authorizes the
City Clerk to amend Appendix C of the City Code as follows:
That portion of the alley in Block 15, HAMILTON'S ADDITION TO
MECHANICSVILLE, Anoka County, Minnesota as described above, be and is
hereby vacated with the following stipulations:
1. That the City of Fridley does hereby retain an easement for
utility purposes over and across said lands, including the right
to enter upon said lands to maintain, repair, replace, remove, or
otherwise attend to existing utilities;
2 . That the City of Fridley does hereby retain a temporary easement
for ingress and egress across said lands, said easement to
continue in full force and effect until an access easement has
been provided to the City across Lots 20 and 21, Block 15, and an
improved surface constructed with said easement in accordance with
a plan to be submitted and approved by the City.
3 . The petitioner shall apply for and receive a special use permit
prior to expansion of their church facility.
4 . The petitioner shall provide an easement to provide Amoco
continued rights across the former alley.
CO 1ro
Resolution No.67-1998-Page 2
5 . The petitioner shall not alter the alley across their property, or
in any way limit access by adjacent property owners, until the new
access has been completed.
6. The petitioner shall provide the improved asphalt or concrete
access to 5th Street in accordance with a plan to be submitted and
approved by the City prior to installation.
7. The petitioner shall hold harmless the City from any damage or
injury that occurs during the reconstruction of the alley.
8 . The petitioner shall provide reasonable seasonal maintenance as
necessary to assure access to and from the non-vacated portion of
the alley.
9. The petitioner shall receive approval for the turning radius,
which is to be adequate to handle emergency vehicles.
10 . The alley shall be sufficiently labeled to prevent the entrance
from being blocked.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH
DAY OF OCTOBER, 1998 .
ANC a / R
�) OF. SON - MAYOR
ATTEST:
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DEBRA A. S GEN - ITY CLERK