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Res 2020-59 Vacation SAV#20-01 Roers RESOLUTION NO. 2020 - 59 RESOLUTION TO VACATE A DRAINAGE EASEMENT FOR THE PROPERTY GENERALLY LOCATED AT 6530 UNIVERSITY AVENUE NE, PETITIONED BY ROERS FRIDLEY APARTMENT OWNER LLC WHEREAS, the City has given preliminary plat approval to plat the real property legally described on Exhibit A (the “Subject Property”); and WHEREAS, as a result of re-platting the Subject Property, an existing drainage and utility easement, legally described in Exhibit B needs to be vacated; and WHEREAS, notice of a public hearing concerning the requested vacation was duly provided in accordance with City Code Section 205.05.08 and a public hearing was held on said request at the City Council meeting on October 12, 2020, at the City of Fridley Civic Campus, located at 7071 University Avenue NE, Fridley, Minnesota; and WHEREAS, at the City Council Meeting on October 12, 2020, 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 said Petition and the City Council considered the request for said vacation; and WHEREAS, a copy of the Exhibit of the Drainage and Utility Easement Vacation has been attached hereto as Exhibit C: NOW THEREFORE, BE IT RESOLVED that: 1. The City of Fridley, PURSUANT TO City Charter Section 12.07, City Code Section 205.05.8 and Minnesota Statues 412.851, hereby vacates the drainage and utility easement situate in the City of Fridley, County of Anoka, State of Minnesota, to wit: The drainage and utility easements as shown and dedicated on Lot 18, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota (the “Drainage & Utility Easement”). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 12 DAY OF OCTOBER 2020. SCOTT J. LUND – MAYOR ATTEST: _____________________________________ DANIEL TIENTER – CITY CLERK EXHIBIT A 6530 University Avenue NE; legally described as: Lot 18, Block 5, Rice Creek Plaza South Addition, according to the plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, except the South 120 feet of the East 120 feet thereof, and except that part of said Lot 18 described as follows: Beginning at the Southwest corner of said Lot 18: thence North along the West line of said Lot 18, a distance of 25 feet: thence East parallel with and 25 feet North of the South line of said Lot 18, a distance of 390 feet; thence North at right angles a distance of 15 feet; thence East parallel with and 40 feet North of the South line of said Lot 18 to a point 120 feet West of the East line of said Lot 18; thence South parallel with and 120 feet West of the East line of said Lot 18 to the South line of said lot 18; thence West along said south line to the point of beginning. And that part of Lot 18, Block 5, Rice Creek Plaza South Addition described as follows: Beginning at a point on the East line of said Lot 18 distance 70 feet North of the Southeast corner of said Lot 18; thence West parallel with and 70 feet North of the South line of said Lot 18 a distance of 20 feet; thence South at right angles a distance of 30 feet; thence west along a line parallel with and 40 feet North of the South line of said Lot 18 a distance of 100 feet; thence North parallel with and 120 feet West of the East line of said Lot 18 a distance of 80 feet; thence East parallel with and 120 feet North of the South line of said Lot 18 to the East line of said Lot 18; thence South along said East line to the point of beginning. Anoka County, Minnesota EXHIBIT B The drainage and utility easements as shown and dedicated on Lot 18, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota (the “Drainage & Utility Easement”).