Res 2014-37
RESOLUTION NO. 2014 - 37
RESOLUTION TO VACATE A SERIES OF EASEMENTS TO ALLOW FOR THE
GENERALLY
LOCATED AT 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071
UNIVERSITY AVENUE NE, PETITIONED BY TRIDENT DEVELOPMENT, LLC AND
WHEREAS, on March 14, 2014, the City received a request by Trident Development, LLC and
to vacate a series of easements, (street, utility,
sidewalk, and drainage); and
WHEREAS, after notice of a public hearing on said request was provided, a public hearing was
held on vacation, SAV #14-03 by the Planning Commission on April 16, 2014; and
WHEREAS, the City of Frireviewed and is to approve a preliminary plat for
at
their April 28, 2014 City Council meeting; and
WHEREAS, as a result of platting the Subject Properties, new drainage and utility easements
will be dedicated as part of the final plat for the subject properties; and
WHEREAS, at the City Council Meeting on April 28, 2014, the City Council of the City of
Fridley proceeded to hear all persons interested in said vacation request and all persons interested
were afforded an opportunity to present their views and objections to the granting of said
petitioner and the City Council considered the request for vacation of said easements, as
described in Exhibit B; and
NOW THEREFORE, BE IT RESOLVED that:
1. Conditioned on and subject to the stipulation set forth in Exhibit C to this Resolution,
said stipulations being incorporated herein by reference, the City of Fridley vacates
the following easements situated in the City of Fridley, County of Anoka, State of
Minnesota,
a. Street and Utility Easement per Doc. No. 347638.
b. Sidewalk Easement per Doc. No. 347639.
c. Any easements or prescriptive easements that may have accrued over Lots 26 and
27, Block 4, HYDE PARK as a result of the existing roadway crossing said
parcels without the benefit of any known record easements.
d. Street and Utility Easement per Doc. No. 348400.
Resolution No. 2014-37 Page
2
e. Drainage and Utility Easement reserved in vacation per Doc. No. 364700 and
Doc. No. 382919.
f. Utility and Drainage Easement per Doc. No. 292451 and Do No. 56635.
g. Public Utility Easement per Doc. No. 56632.
h. Permanent Easement and Construction Easement per City of Fridley Ordinance,
No. 153, adopted 10/04/60.
i. Utility easement per City of Fridley Ordinance No. 201, adopted 01/02/62, per
Do. No. 366876.
j. Utility easement per City of Fridley Ordinance No. 204, adopted, 02/05/62.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
28 DAY OF APRIL 2014.
________________________
SCOTT J. LUND, MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN, CITY CLERK
ResolutionNo.2014-37Page3
EXHIBIT A
TRACT A
Parcel 1A:
All that part of Lots 26 and 27, Block 4, Hyde Park Addition that lies Northwesterly of the following
described line:
Commencing at the Northwest corner of Lot 30, Block 4, Hyde Park Addition; thence South along the
West line of said Lot 30 a distance of 6 feet; thence East parallel with the North line of said Lot 30 a
distance of 57.49 feet; thence on a tangential curve to the right with a radius of45 feet a distance of 60.53
feet; thence Southerly tangent to last described curve a distance of 60.20 feet; thence Southwesterly on a
tangential curve to the right on a curve with a radius of 55 feet a distance of77.93feet;
thencecontinuingSouthwesterlytangenttothelastdescribedcurveadistance of9.53 feet; thence Southwesterly
on a tangential curve to the left having a radius of 120 feet to its
intersection with the West line of Block 4, Hyde Park Addition, and there terminating, Anoka
County, Minnesota (Abstract Property)
Property Address: 6071 University Avenue
Parcel 1B:
All that part of Lots26and27,Block 4, Hyde Park Addition that lies South easterly of the following
described line:
Commencing at the Northwest corner of Lot 30, Block 4, Hyde Park Addition; thence South along the
West line of said Lot 30 a distance of 6 feet; thence East parallel with the North line of said Lot 30 a
distance of 57.49 feet; thence on a tangential curve to the right with a radius of 45 feet a distance of 60.53
feet; thence Southerly tangent to last described curve a distance of 60.20 feet; thence Southwesterly on a
tangential curve to the right on a curve with a radius of 55 feet a distance of77.93
feet;thencecontinuingSouthwesterlytangenttothelastdescribedcurveadistance of9.53 feet; thence
Southwesterly on a tangential curve to the left having a radius of 120 feet to its intersection with the West
line of Block 4, Hyde Park Addition, and there terminating, Anoka County, Minnesota, together with
vacated alley that accrues thereto. (Abstract Property)
Lots 28, 29 and 30, Block 4, Hyde Park Addition, Anoka County, Minnesota; together with alley that
accrues there to. (Abstract Property)
Property Address: 6071 University Avenue
Parcel 3
:
That part of the Northeast Quarter of the Northwest Quarter of Section 23, T-30, R-24 described as follows:
Commencing at the Northwest corner of Lot 30, Block 4, Hyde Park Addition thence South along the West
line of said Lot 30 a distance of 6 feet; thence East parallel with the North line of said Lot 30 a distance of
57.49 feet; thence on a tangential curve to the right with a radius of 45 feet a distance of 69.53 feet; thence
Southerly tangent to last described curve a distance of 60.20 feet; thence Southwesterly on a tangential
curve to the right on a curve with a radius of 55 feet a distance of 77.93 feet; thence continuing
Southwesterly tangent to the last described curve a distance of9.53 feet; thence Southwesterly on a
tangential curve to the left having a radius of 120 feet to its intersection with the West line of Block 4,
Hyde Park Addition, said point being the actual point of beginning of tract to be described; thence
continuing Southwesterly on last described curve to its intersection with a line parallel to and 15 feet West
of the West line of said Block 4, Hyde Park Addition; thence North on a line parallel to and IS feet West of
said West line of Block 4 to a point 17 feet South of the westerly extension of the North line of said Block
4 as measured at right angles to said North line; thence East parallel to the Westerly extension of the North
line of said Block 4 to the West line of said Block 4; thence South along the West line of said Block 4,
Hyde Park Addition to the actual point of beginning, there terminating.
ResolutionNo.2014-37Page4
TRACT B
Lots 24 and 25, and the North half of Lot 23, Block 4, Hyde Park, Anoka County,
Minnesota; together with vacated alley that accrues thereto. (Abstract Property)
Property Address: 6061 University Ave. NE
TRACT C
Parcel 1:
Lots 20, 22 and the South of Lot 23, Block 4, Hyde Park, Anoka County, Minnesota; together with
Y,
vacated alley that accrues thereto.
(Abstract Property)
Property Address: 6041 University Avenue
Parcel 2
:
Lot 21, Block 4, Hyde Park, Anoka County, Minnesota
(Torrens Property, Certificate Number 110891)
Part of 6041 University Avenue
TRACT D
Lots 16, 17, 18 and 19 in Block 4, Hyde Park, Anoka County, Minnesota; together with vacated alley
that accrues thereto. (Abstract Property)
Property Address: 6005 University Avenue
TRACT E
Parcel 1:
Lots 27 and 28, Block 13, Hyde Park, Anoka County, Minnesota, together with that part of the West
Half of vacated alley accruing to premises by reason of the vacation thereof. (Abstract Property)
Parcel 2:
The North 20 feet of Lot 26, All of Lots 29 and 30, Block 13, Hyde Park, according to the recorded
plat thereof, Anoka County, Minnesota.
The part of the West Half of the vacated alley in Block 13, "Hyde Park", lying between the Easterly
extensions across it of the North line of Lot 30, said Block 13, and the South line of Lot 29, said Block
13.
That part of the West Half of the vacated alley in Block 13, "Hyde Park", lying between the Easterly
extensions across it of the North line of Lot 26, said Block 13, and of the South line of the North 20 feet
of said Lot 26.
(Torrens Property, Certificate Number 110978)
Property Address: 5943 University Avenue
ResolutionNo.2014-37Page5
TRACT F
Lots Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22),
Twenty-three
(23) and Twenty-four (24), Block Thirteen (13), Hyde Park, according to the plat thereof on file and of record
in the office of the Registrar of Deeds in and for said Anoka County. (Torrens Property, Certificate Number
114341)
Lot Twenty-five (25) and that part of Lot Twenty-six (26) lying South of the North 20 feet of said Lot
Twenty-six (26), Block Thirteen (13), Hyde Park, according to the plat thereof on file and of record in the
Office of the Register of Deeds in and for said Anoka County. (Torrens Property, Certificate Number
114342)
Property Address: 5925 University Avenue
TRACT G
Lots 16 and 17, Block 13, "Hyde Park", Anoka County, Minnesota
The North half of vacated Broadway Avenue (now known as 59'h Avenue), as dedicated in the plat of "Hyde
Park", lying East of the Southerly extension of the West line of Lot 16, said plat, and lying West of the Southerly
extension of the centerline of the vacated alley adjoining the East boundary of said Lot 16;
The West half of the vacated alley in Block 13, "Hyde Park", as dedicated in said plat, lying South of the Easterly
extension of the North line of Lot 17, said plat, and lying North of he Easterly extension of the South line of Lot
16,saidplat,saidalleybeingsubjecttoaneasementforutilitypurposesto the City of Fridley.
Lot 9, Block 3, "BENNETT-PALMER ADDITION", Anoka County, Minnesota
(Torrens Property, Certificate Number 114842)
Property Address: 5905 University Avenue
TRACT H
Lot Eight (8), Block Three (3), Bennett-Palmer Addition, according to the plat on file and of record in the
office of the Registrar of Titles in and for Anoka County, Minnesota.
And
Lots Five (5) to Seven (7) inclusive, Block Three (3), together with that part of the vacated walk-way lying
between Lot Five (5), Block Three (3) and Lot Seventeen (17), Block Four (4) lying between an extension of
the Easterly and Westerly boundary lines of said lots, said land represented by the vacated walkway being
subject to a permanent easement in favor of the City of Fridley for purposes of installing, maintaining and
improving public utilities over and under said premises:
Lot Seventeen (17) except the South Forty-nine (49) feet thereof, Block Four (4), Bennett-Palmer Addition,
according to the plat on file and of record in the office of the Registrar of Titles in and for Anoka County,
Minnesota.
(Torrens Property, Certificate Number 124673)
Property Address: 5895 University Avenue
ResolutionNo.2014-37Page6
TRACT I
Lot Fifteen (15) except the south Twenty-four (24) feet, Lot Sixteen (16), and the South Forty-nine
(49) feet of Lot Seventeen (17), Block Four (4), Bennett-Palmer Addition, according to the plat on file
and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota (Torrens
Property, Certificate Number 111260)
Property Address: 5865 University Avenue
TRACT J
Parcel 1
:
That part of Lot Ten(10) lying North of the following described line in Lot Ten(10);
commencing at a point on the West line of said Lot Ten (10), 36.03 feet North of the Southwest comer
thereof. said
line running in an Easterly direction to a point on the East line of said Lot Ten (10),36.15 feet North of the
Southeast Comer thereof;
Lots Eleven (II), Twelve (12), Thirteen (13) and the South Ten (10) feet of Lot Fourteen (14), Block Four
(4), Bennett-Palmer Addition, according to the plat on file and of record in the office of the Registrar of
Titles in and for Anoka County, Minnesota.
(Torrens Property, Certificate Number 118369)
Parcel 2
:
That part of Lot Ten (10), lying South of the following described line in Lot Ten (10):
Commencing at a point on the West line of said Lot Ten (10), 36.03 feet North of the Southwest comer
thereof, said line running in an Easterly direction to a point on the East line of said Lot Ten (10),36.15
feet North of the Southeast corner thereof; Block 4, Bennett-Palmer Addition, Anoka County,
Minnesota. (Abstract Property)
Parcel 3
:
Lot Fourteen (14) except the South Ten (10) feet and the South Twenty-four (24) feet of Lot
Fifteen (15), Block Four (4), Bennett-Palmer Addition, according to the plat on file and of record in the
office of the Registrar of Titles in and for Anoka County, Minnesota. (Torrens Property, Certificate
Number 118368)
Property Address: 5831 University Avenue
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- : ROADWAY AND ��Carlson
EASEMENT VACATION EXHIBIT
TRIDENT DEVELOPMENT,LLC. / •
3601 SBth Stree[South,Suite 103 McCam
St.Cloud,MN 56301 _ _ _
GATEWAY COMMONS zae nooilo or,�sutce ioo,�ina wues,SMN�ssoia
FriOely,Minnesota phone:763-a89-7900 Fax:763-469-7959
r II
Resolution No. 2014-37 Page
8
EXHIBIT C
SAV #14-03 Vacation Request Petitioned by Trident Development, LLC and the City of
Stipulation
1. Vacation is conditional upon recording of the Gateway Commons Final Plat. Final
Street, drainage, utility easement will be incorporated into the final plat at the discretion
of the City Engineer.