2003-09
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BILL NO. 2003-9
TRANSITORY ORDINANCE NO. 18.23
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY
AND PUBLIC UTILITY EASEMENTS IN THE 6500 BLOCK
OF XERXES AVENUE SOUTH, RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The City of Richfield has received a petition for the vacation of a public
street easement over certain lands in the City of Richfield, County of Hennepin, and State of
Minnesota. For purposes of this Ordinance, the lands are designated as the "Southerly
Vacation Parcel" and the "Northerly Vacation Parcel" (collectively, "Vacation Parcels"), which
are each further described in the attached Exhibit A. The locations of the Vacation Parcels
are depicted on the attached Exhibit B.
Sec. 2. The City Council has determined the petition for vacation to be adequate by
Resolution No. 9330.
Sec. 3. The owner of the underlying fee title to the Vacation Parcels proposes to
combine the Vacation Parcels with abutting land to the west.
Sec. 4. There is no public need for a street easement over the Southerly Vacation
Parcel. A portion of the Northerly Vacation Parcel will be needed for use as a county
highway, but Hennepin County has not yet determined the area that will be needed. The
owner of the Vacation Parcels therefore has agreed to convey to Hennepin County a
permanent street easement over that portion of the Northerly Vacation Parcel that
Hennepin County determines to be necessary.
Sec. 5. There are existing water, sewer, gas, electric, telephone, and
telecommunications utility lines located within portions of the Vacation Parcels, and there
is a continuing public need for an easement for utility purposes over the Vacation Parcels.
Sec. 6. Upon the respective effective dates as provided in sections 7 and 8 below,
the public street easements encumbering the Southerly Vacation Parcel and Northerly
Vacation Parcel are vacated, reserving, however, to the public an easement for utility lines
with right of entry to maintain, repair, replace, remove, or otherwise attend to said utility
lines; provided that the utility shall promptly repair any damage resulting from such
maintenance, repair, replacement, or removal.
Sec. 7. The vacation of the easement over the Southerly Vacation Parcel IS
effective 30 days following publication of this ordinance.
Sec. 8. The vacation of the easement over the Northerly Vacation Parcel is effective
upon the later of: (a) 30 days following publication of this ordinance; or (b) the recording of
an instrument by which the fee owner of the Northerly Vacation Parcel conveys a
permanent street or highway easement to the County of Hennepin over a portion of the
Northerly Vacation Parcel; provided that such instrument must specifically reference the
document recording number assigned to the certificate required by section 10 of this
ordinance. This ordinance is not intended to and will not affect the easement rights
conveyed to the County of Hennepin by such instrument.
Sec. 9. This ordinance is adopted contingent upon the vacation of the westerly half
of Xerxes Avenue by the City of Edina. The City Clerk is directed not to publish this
ordinance until the Edina City Council has approved the vacation of the westerly half of
Xerxes Avenue.
Sec. 10. 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 this May 27th, 2003.
;h~A ru
Martin J. Kirs.Qb1"'Mayor
ATTEST:
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Exhibit A
Southerly Vacation Parcel:
That part of Xerxes Avenue as dedicated in the plat of Southdale Square lying north of the
south 16.00 feet thereof and southerly of the following described line:
Commencing at the point of termination of Line 1 hereinafter described; thence
northerly along said Line 1 a distance of 232.20 feet; thence deflecting 47 degrees
30 minutes to the right and running northeasterly to the east line of said Xerxes
Avenue and said line there terminating.
Line 1:
Beginning at a point on the north line of Lot 5, "Cassin's Outlots", according to the
recorded plat thereof, Hennepin County, Minnesota, distant 221.10 feet west of the
northeast corner of said Lot 5; thence southerly to a point on the south line of said
Lot 5, distant 219.10 feet west of the southeast corner of Lot 5 and there
terminating.
Northerly Vacation Parcel:
That part of Xerxes Avenue as dedicated in the plat of Southdale Square lying north of the
following described line:
Commencing at the point of termination of Line 1 hereinafter described; thence
northerly along said Line 1 a distance of 232.20 feet; thence deflecting 47 degrees
30 minutes to the right and running northeasterly to the east line of said Xerxes
Avenue and said line there terminating.
Line 1:
Beginning at a point on the north line of Lot 5, "Cassin's Outlots", according to the
recorded plat thereof, Hennepin County, Minnesota, distant 221.10 feet west of the
northeast corner of said Lot 5; thence southerly to a point on the south line of said
Lot 5, distant 219.10 feet west of the southeast corner of Lot 5 and there
terminating.
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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. ~331A.02, ~331A.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 ~ day of
July , 2003, and was thereafter printed and published on every Thursday to and
including Thursday, the _ day of , 2003; 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~on-
l 'boI""";killmo~"
BY:
CFO
Subscribed and sw0~0 or affirme1l. efore me
on this ~ day . f ( t / .,1 1 J,lC2003.
qo l "0 , f ~'Y" 11 :11 , n J
Not !Y ~ lic "'-. )
, .
/;{~'~;': MERIDEL M. HEDBLOM
)? NOTARY PUBLlC.MINNESOTA
,. "' COM"""" """".''0'' J
.
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
J
(2) Maximum rate allowed by law
$
6.20 per line
(3) Rate actually charged
$
1.40 per line
City of Richfield
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(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2003.9
A TRANSITORY ORDINANCE RELATING TO THE
VACATION OF THE 6500 BLOCK OF XERXES
! AVENUE
i The City Council has adopted Bill No. 2003-9, a transito.
I ry ordinance entitled "An Ordinance Vacating Public
I Right-Of-Way and Public Utility Easements in the 6500
Block of Xerxes Avenue, Richfield." This summary of the
I ordina..nce is published pursuant to Section 3.12 of the
RiChfi'\f9ity Char;er.
The purpose of this ordinance is to vacate the 6500 block
of Xerxes to allow the development of a new commercial
building and parking. Copies of the full text of the ordi. j
nance are available for public inspection in the City Clerk's .
office during normal business hours or upon request by I
calling 612-861.9760. I
BE IT FURTHER RESOLVED. that the City Clerk is di.'
rected to keep a copy of the ordinance in her office at City"
Hall for public inspection and to post a full copy of the or.
dinance in a public place in the City for a period of two
weeks.
Adopted by the City Council of the City of Richfield, Min.
nesota thiS 22nd day of July, 2003.
Martin J. Kirsch. Mayor
ATIEST:
Nancy Gibbs. City Clerk
(July 31, 2003lD2/BilI 2003.9