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2006-20 BILL NO. 2006-20 TRANSITORY ORDINANCE NO. 18.43 AN ORDINANCE V ACA TING RESERVED UTILITY EASEMENTS (CEDAR POINT COMMONS) THE CITY OF RICHFIELD DOES ORDAIN: Sec. 1: On June 27, 2006, the Richfield City Council adopted Transitory Ordinance No. 18.37, which vacated the public streets as described in the attached Exhibit A and as depiCted in the attached Exhibit 8 (the "Vacated Area"). Sec. 2. Section 4 of Transitory Ordinance No. 18.37 reserved utility easements over the Vacated Area for existing utilities. Sec. 3. The vacation of the street easements and the reservation of the utility easements is evidenced by Notices of Completion of Vacation Proceedings filed in the Office of the Hennepin County Recorder as Document Nos. 8879625, 8886147 and 8890374 and filed in the Office of the Hennepin County Registrar of Titles as Document No. 4317073, as corrected by Corrected Notice of Completion of Vacation Proceedings filed in the Office of the Hennepin County Recorder and in the Office of the Hennepin County Registrar of Titles. Sec. 4. The utilities that were located within. the Vacated Area have been relocated to other public or private easement areas, and there is no public need for the utility easements reserved in Transitory Ordinance No. 18.37 are no longer required. Sec. 5: Upon the effective date as provided in Section 7 below, the utility easements encumbering the Vacated Area are vacated. Sec. 6. The City of Richfield held the first reading on November 28, 2006, and held the second reading and public hearing on December 12, 2006. Sec. 7: This ordinance shall become effective 30 days after publication of the Ordinance. Sec. 8: 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 and Hennepin County Recorder. Passed by the City Council of the City of Richfield, Minnesota this 12th day of December, 2006. ~' ?o/~ .. ~ Martin J. Kirsc, ayor ATTEST: EXHIBIT A Legal Description of Vacated Area All that part of 17th Avenue South as dedicated in the plat of Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota. All that part of 17th Avenue South as dedicated in the plat of Iverson's Second Addition, according to the recorded plat, thereof, Hennepin County, Minnesota, which lies southerly of the easterly extension of the north line of Lot 1, Block 1, of said Iverson's Second Addition. All that part of 18th Avenue South as dedicated in the plat of Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southerly of a line drawn perpendicular to the centerline of said 18th Avenue South to the northwest corner of Lot 9, Block 3 of said Iverson's Third Addition. All that part of 18th Avenue South as dedicated in the plat of Iverson's Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southerly of a line drawn perpendicular to the centerline of said 18th Avenue South to the northeast corner of Lot 14, Block 6, of said Iverson's Second Addition. All that part of Cedar Avenue South, as dedicated in the plat of Iverson's Third Addition, according to the recorded plat, thereof, Hennepin County, Minnesota, which lies southerly of a line drawn perpendicular to the centerline of said Cedar Avenue to the intersection of the north line of the south 25 feet of Lot 6, Block 3, of said Iverson's Third Addition and the westerly right-of-way line of said Cedar Avenue South. All that part of Cedar Avenue South, as dedicated in the plat of New Ford Town, according to the recorded plat, thereof, Hennepin County, Minnesota, which lies southerly of a line drawn perpendicular to the centerline of said Cedar Avenue South to the northwest corner of Lot 3, Block 15, of said New Ford Town and which lies northerly of a line drawn perpendicular to the centerline of said Cedar Avenue South to the southwest corner of Lot 10, Block 1, of said New Ford Town. All that part of 65th Street East, as dedicated in the plat of New Ford Town, according to the recorded plat of New Ford Town, which lies west of the northerly extension of the east line of Lot 1, Block 1, of said New Ford Town. All that part of 64th Street East, as dedicated in the plat of New Ford Town, according to the recorded plat thereof, Hennepin County, Minnesota, which lies west of the northerly extension of the east line of Lot 1, Block 8, of said New Ford Town. All that part of 65th Street East, as dedicated in the plat of Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota, accruing to Lot 6 and 7, Block 1, and Lots 1 and 14, Block 2, of said Iverson's Third Addition. All that part of 64th Street East, as dedicated in the plat of Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota. All that part of 65th Street East, as dedicated in the plat of Iverson's Second Addition, which lies east of the east right of way line of 17th Avenue South in said Iverson's Second Addition. All that part of 64th Street East, as dedicated in the plat of Iverson's Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the east right of way line of 17th Avenue South in said Iverson's Second Addition. . I . I. . . . . I . . I . I . I . . . I . I . . . . I . . I I . I I . . . . I . . I I . . I I . I I -- -- - : 66th Street 63rd Street . (1) ::::J C (1) ~ .c - ...... ~ . l "EE.~ I I III L..egend · · ~ Corridor Outline ... Created: November 20 2006 VacatedArea o 85 170 - - 340 EXHIBIT B Map of Vacated Area ...... ...... J: to- - 510 680 Feet c. ....11..-. .~.=~..~~:.~~~ ".. . 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 Fi- nancial 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. s331A.02, S331A.07, and other applic- able laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for ~ successive week(s); it was first published on Thursday, the ~ day of December , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2006; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ij kl mnopq rstuvwxyz BY~ FO Subscribed and sworn to or affirmed before me on this ~ day of December, 2006. iJZ . ~~~ Notary pu~ " . MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES H31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 per line (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line '. - ',,--',,-',,:-'-:':-"--',:-'-". . Cifyi ofRi~~Ji,l~k .,.. . - -'.'. ---'.--:'.,=,-~ trlicatiOn), ........ .@~Ic::ATION.. . -20 TILITy EASEMENTS IN . 'ON$"DE'/€l.QPMENr" ,1l:.I1,'YEA"S1:Ml:I\I'TS.' ..... ., !:'QLLOWINGSTREETS' . '. .TH .' .... Ll'YACATED SV ;: ... , i . TRANSITORY:OFlDIf\IA:I\IQI:18;~7: 64THSTR€ET, ! . . 17TH AVENUE; 1QTHAVENUE, AND CEQAR I t 's _.. . ' '. ':!t~d~l~J~-j~P~bIiS~~d''Puisuant i ,oe9ron :3.:1 .ill!1fif!!!l.City'Charter.'! '. :. k: "the o~din~mce w~te;:{c,Eift!l.i';"~tre~is.."itl'!i~thep[oPo$ed [' ~eqa!-~qlnt Commo!lSdevelopment. :T~eTralJ.$it()r,y Qt_ i, dlQa!lce . r~served, easement~ for eXisting utilities JintU .' .. : th<:>.;>e . nn.e inCpulJty.E:X-' f am!n!l~,B . . ya\iiltiori pro', , c~edll)g I ..._.... '" .re$~rved. utility ease- "l'I)ents. Theutl~lo/hnellh.a)l&been re1oqated,'andease- ' , mentsofortheutllltles'CireilOJor')gerneeded.' .... ."C.oPi~softh~QrdiAahar~avai.l~blef6r PUbliC: inc ,spectron In ttle.CltyCler,k's ice:during normal bu~iness 'hou~s or upon reCjuest by gihe Department of Cbm- , munlty DevelOp'mentat ( .'. S,1C97S0.. .Amap showing l,he v:acated utility .easement'area,can beol:>tained'from the Department of CommunitY Development.. , . 'AdoPted.bYtheCity COlnfcilof tile City OfR'ichfi~ldi .',iMII:.m~sota thH'1?!h,~aX.9fO~cember, 20PS: ;g:'>i;~~g;/~1'~$~c,J',9!g~s ti'\le'er~... i;;~;f" .... },(Oeq:21'c.?Q06YdZ-biI1200S-:!O'