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2004-02 ~ BILL NO. 2004-2 TRANSITORY ORDINANCE NO. 18.27 AN ORDINANCE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT CREATED IN DOCUMENT NUMBER 2756159 (Formerly the 6300 block of Queen Avenue South, Richfield) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to a drainage and utility easement as created in Document Number 2756159 ("Drainage and Utility Easement"): The West 30 feet of the East 330 feet of the South ~ of the East 3/8 of the East ~ of the North ~ of the Northeast % of Section 29, Township 28, Range 24; EXCEPT the south 33 feet thereof AND The West 30 feet of the East 360 feet of the East 3/8 of the East ~ of the North ~ of the Northeast % of Section 29, Township 28, Range 24 lying south of the North 175 feet thereof, EXCEPT the south 33 feet thereof. Section 2: The City of Richfield has received a petition for the vacation of the following described portion of the "Drainage and Utility Easement" ("Vacation Area"): The East 10 feet of the West 30 feet of the East 330 feet of the South ~ of the East 3/8 of the East ~ of the North ~ of the Northeast % of Section 29, Township 28, Range 24; EXCEPT the south 33 feet thereof. -- Section 3: The City Council has determined the petition to vacate the "Vacation Area" of the "Drainage and Utility Easement" to be adequate by Resolution No. 9431. Section 4: The Vacation Area is not required for drainage and utility purposes. Section 5: There are no City-owned water or sewer facilities located within the Vacation Area. Section 6: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are reported to be located within the area of the Drainage and Utility Easement: Overhead Xcel electrical facilities. Section 7: The Council finds that there is no need for a drainage and utility easement in the Vacation Area. Section 8: The drainage and utility easement over the Vacation Area is vacated. Section 9: The vacation of the Easement is effective 30 days following publication of this ordinance. The City Clerk is directed to prepare a Certificate of Completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. ,...... Passed by the City Council of the City of Richfield, Minnesota thi ??a~- . (~ Martin J. irs ,Mayor ATTEST: ,~ ~itYClerk -, CI --- newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun-Current , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. 9331A.02, 9331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for ~ successive weeks; it was first published on Thursday, the -L day of April , 2004, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and p -.I abcdefghijklmno ~ Subscribed and sworn to or affirmed. efore me this .!1-- day of . . ~, Public \ 1iII~~1lI I MERIDEL M. HEDBLOM NOTARY PUBLlC.MINNESOTA MY COMMISSION EXPIRES 1-31-2005 II (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 oer line (2) Maximum rate allowed by law $ 6.20 oer line (3) Rate actually charged $ 1.40 per line ,~, City of Richfield (Official Publication) , BILLI'IO..2004.:2 ',' .- ..- -.- -~"',. .. -... :.~, ,.- . -.. TRANSIToRY ORDlNANCENO.18.27 AN ORDINANC.E;VACATING APORTIONO}i'THE , I)RAINAGE ANI) UTILITY EASEMENT CREATED , IN DOClJM:El'IU'~ER275615~ (Fo..-erly the 6300bloel< ofQu~nAv';nue South, ~ , Richfield) , ' THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following d~scribedlands are subject to a drainage, and utility easement as created,In Document 'Number 2756159 ("Drainage and UtilityEasement"):' The West 30 feet of the East 330 feet of the South 1/2 of the East 3/8 of the East 1/2 ofth" North 1/2 ofth" North"ast 1/4 'of Section 29, Township 28, ,Range 24; EXCEPT the south 33 feet thereof . , , The West30feet of the East 360 feet ofthe'East 3/8 of the East 1/2 of the North 112 of the Northeast 1/4 of Section 29, Townsfup 2,8, Range 24 lying south of the Nortl;i 175 feet th"reof, EXCEPT the south 33 feet thereof. ,,' " Section 2: The City of Richfi"ld has received a petition for the. vacation of the following describlid portion of the "Drainage~and Utility Easem.;mt" ("Vacation Area"): , . . '., '.,.. '.' . .' I The East 10 feet of the West 30 feet of the East 330 feet of the South l/2 of the East 318 ,of the East 1/2 of the North 1/2 of the Northeast 1/4 of Section 29, ToWnship 28, RanIW 24; EXCEPT the south 33 feet thereof. ..c .,' Section 3: The City Council hasdetenriined the peti- tion to vacate the "Vacation ;Area" of the "Drainage and trtilityEasement': to be adequate by ResolutIon No:. 943L ;,/SecM&,i 'f~The Vacatilin Area is, hot r"quired for drainage!!llldutility!>urposes. . .....' " 'Section 5: There are no CityCownlldvvateror sewer fa- cilities located within the Vacation Area. Section 6:cThe City has notifiedcthesehiice pfuvid~rs for gas, electric, telephone; and cable.communica,tionsser- vices of the proposedva<;ati?n, and the following facilities are reported to be locatOO Within the area of th(' Drafuage and Utility Easement: Overh,eadXcel electrical facilities. , 'S~ction 7:.Th~Co~cil findS that there isnon~. for ,a drainage and utility easement in the Vacation Area. . " ' . .. , , Section 8: The, drainage and utility easem~nt over th" Vacation Area is vacatOO. ' , , ,', j., .' . ,Section 9: 'rh"vacationoftiIe Eas~J.ientiseiIecti;'e30 days followmg publication of this ordinance. 'The City _ Gl"rk. is directed to prep~!l agerti.!ie!~c!'K 9,<<!ll!pleti()D of . vacati )HId toreeord the vacatIOn m the 'Of- :l,ice'.of' . ili90.~o/~!lf~f !itle!,. pr,Hen~ ; nepm corder, as -appropnate. . , P8Ssed!b~the City Council of the €ity of Eichfield,:Min- n,eso,tathis March 23, 2004. Martin J. Kirsch, Mayor ATTEST: ' Nancy-Gibbs,City Clerk' (Aprill, 2004)D2I bill2004-2ord 18.27