Res 2013-60
RESOLUTION NO. 2013 - 60
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RESOLUTION VACATING AND RESERVING A PORTION OF 79 AVENUE WEST
OF HICKORY STREET TO THE BURLINGTON NORTHERN SANTA FE RAILROAD
TRACKS, GENERALLY LOCATED NORTH OF 7890 HICKORY STREET NE,
PETITIONED BY DONALD J. AND JUDITH M. GAMBONI, THE PROPERTY
OWNERS OF 7890 HICKORY STREET NE
WHEREAS, on August 16, 2013, Petitioners Donald J. and Judith M. Gamboni, who
own the real property located at 7890 Hickory Street NE, submitted a request for the vacation of
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a portion of 79 Avenue NE;
WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7,
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property owners of land abutting the subject portion of 79 Avenue NE have expressed their
agreement with the vacation request conditioned on provision of private access easements by the
Petitioner;
WHEREAS, after notice of a public hearing concerning the requested vacation was duly
provided in accordance with City Code Section 205.05.07 and a public hearing was held on said
request at the Planning Commission meeting on September 18, 2013, at the City of Fridley City
Hall, 6431 University Avenue NE, Fridley, Minnesota; and
WHEREAS, at the City Council Meeting on October 14, 2013, the City Council of the
City of Fridley proceeded to hear all person interested in said vacation request and all persons
interested were afforded an opportunity to present their views and objections to the granting of
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said Petition and the City Council considered the request for vacation of a portion of 79 Avenue
NE; and
WHEREAS, the City Council of Fridley has determined that the petitioned vacation
would be in the public interest; and
WHEREAS, a copy of the RIGHT-OF-WAY VACATION EXHIBIT has been attached
hereto as Exhibit A; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
1.That the City of Fridley, pursuant to City Charter Section 12.07, City Code Section
205.05.7, and Minnesota Statutes 412.851, hereby vacates the street situate in the City
of Fridley, County of Anoka, State of Minnesota, to wit:
That part of 79th Avenue N.E. lying between the northerly
extension of the west line of Hickory Street and the southerly
extension of the westerly line of PARK SHOP, Anoka County,
Minnesota together with a vacation of the street easement rights
Resolution No. 2013-60 Page 2
conveyed and dedicated to the City of Fridley pursuant to the
Street and Utility Easement recorded as Document No. 89064.
2.That pursuant to Minnesota Statutes § 160.29, Subd. 2, the City of Fridley reserves
unto itself and other utility providers, a permanent easement for drainage and utility
purposes, over, across, under and through the vacated 79th Avenue N.E. segments
situate in the City of Fridley, County of Anoka, State of Minnesota, to wit:
That part of 79th Avenue N.E. lying between the northerly extension of the
west line of Hickory Street and the southerly extension of the westerly line
of PARK SHOP, Anoka County, Minnesota together with a reservation of a
permanent easement for drainage and utility purposes, over, across, under
and through the entire street and utility easement area described in the
Street and Utility Easement recorded as Document No. 89064.
3.That said vacation shall be effective only upon the recording of a private non-
exclusive access easement granted by the Petitioners Donald J. Gamboni and Judith
M. Gamboni over:
That part of 79th Avenue N.E. dedicated in Onaway, lying west of the
northerly extension of the west line of Hickory Street and easterly of the
southerly extension of the westerly line of PARK SHOP, Anoka County,
Minnesota
to adjacent property owners, who are currently Burlington Northern Inc., Carlson Park
Properties, and Ryan Companies US Inc.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
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14 DAY OF OCTOBER 2013.
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SCOTT J. LUND – MAYOR
ATTEST:
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DEBRA A. SKOGEN – CITY CLERK
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Resolution2013-60
EXHIBITA