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2007-09 BILL NO. 2007-9 TRANSITORY ORDINANCE NO. 18.47 AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (EMERSON AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes ("Street Easement"): That part of the west 30.00 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known as Emerson Avenue South, lying northerly of the northerly right of way line of Interstate No. 494 per Document No. 3431114 Together with that part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF ADDITION, according to the recorded plat thereof, which lies southerly of the north line of the West Half of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33 and which lies northerly of the westerly extension of said northerly right of way line of Interstate No. 494 per Document No. 3431114. All in Hennepin County, Minnesota Sec. 2: The City of Richfield has received a petition for the vacation of the Street Easement, and the City Council has determined the petition to be adequate by Resolution No. 9933. Sec. 3: The Street Easement is not open to public travel and is not required for access to the abutting properties. Sec. 4: The following public facilities are located in the Street Easement: gas and water. Sec. 5: 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 in the Street Easement: gas. Sec. 6: The Council finds that there is not a public need for the Street Easement. Sec. 7. The Applicant has agreed to grant the City an easement for the existing water main by a separate instrument and the easement for the water main will not be needed once that instrument is recorded. Sec. 8: The Street Easement is vacated reserving, however, easements in favor of the public as follows: (a) an easement for gas line purposes over the west 20 feet and. the north 30 feet of the portion of Emerson Avenue being vacated; and (b) a temporary easement for water main purposes over the entire vacated area, said temporary easement shall automatically expire upon the recording of an instrument executed by the City that specifically references the termination of the easement reserved in this Ordinance No. 2007-9. Sec. 7: The vacation of the Street 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 this 12th day of June, 2007. ~ GdJ/ Debbie Goettel, Mayor ATTEST: ~~ Nancy Gibb I City Clerk 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 Richfield Sun-Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. s331A.02, s331A.07, and other applicable laws as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for one__ successive week(s); it was first published on Thurs- day, the ...-2L day of June , 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of , 2007; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg h ijkl m nopqrstuvwxyz ~ CFO Subscribed and sworn to or affirmed before me on this ~ day of June ,2007. e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-31-()9 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line City of Richfield (Official Publication) BILL NO. 2007-9 TRANSITORY ORDINANCE NO. 18.47 AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (EMERSON AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes ("Street Easemenf'): That part of the west 30.00 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known as Emerson Avenue South, lying northerly of the northerly right of way line of Interstate No. 494 per Document No. 3431114 Together with that part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF ADDITION, ac- cording to the recorded plat thereof, which lies southerly of the north line of the West Half of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33 and which lies northerly of the westerly extension of said northerly right of way line of Interstate No. 494 per Document No. 3431114. All in Hennepin County, Minnesota Sec. 2: The City of Richfield has received a petition for the vacation of the Street Easement, and the City Coun- cil has determined the petition to be adequate by Resolu- tion No. 9933. Sec. 3: The Street Easement is not open to public trav- el and is not required for access to the abutting properties. Sec. 4: The following public facilities are located in the Street Easement: gas and water. Sec. 5: The City has notified the service providers for gas, electric, telephone, and cable communications ser- vices of the proposed vacation, and the following facilities are reported to be located in the Street Easement: gas. Sec. 6: The Council finds that there is not a public need for the Street Easement. Sec. 7. The Applicant has agreed to grant the City an easement for the existing water main by a separate in- strument and the easement for the water main will not be needed once that instrument is recorded. Sec. 8: The Street Easement is vacated reserving, however, easements in favor of the public as follows: (a) an easement for gas line purposes over the west 20 feet and the north 30 feet of the portion of Emerson Avenue being vacated; and (b) a temporary easement for water main purposes over the entire vacated area, said tempo- rary easement shall automatically expire upon the record- ing of an instrument executed by the City that specifically references the termination of the easement reserved in this Ordinance No. 2007-9. Sec. 7: The vacation of the Street Easement is effec- tive 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 Hen- nepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this 12th day of June, 2007. ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk ( June 21, 2007) d2-bill 2007-9