2013-14 BILL NO. 2013-14
TRANSITORY ORDINANCE NO. 18.90
AN ORDINANCE VACATING PUBLIC SEWER EASEMENTS
(6400 LYNDALE AVENUE)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The lands described in the attached Exhibit A are subject to an
easement for public sewer ("Sewer Easement") as described in Document Nos.
2928405 and 291794.
Sec. 2: The sewer pipe within the easement has been abandoned and replaced
elsewhere and the Sewer Easement is no longer required.
Sec. 3: The Sewer Easement is adjacent to public waters (Richfield Lake);
accordingly the City has notified the commissioner of natural resources. The
Department of Natural Resources has no objection to the vacation.
Sec. 4: The Council finds that there is not a public need for the Sewer Easement.
Sec. 5: The City of Richfield held the first reading on July 9, 2013 and second
reading on July 23, 2013. Legal notice was published in the City's official newspaper as
required by ordinance.
Sec. 6: Upon the effective date of this Ordinance, the Sewer Easement described
in Documents 2928405 and 291794 is vacated.
Sec. 7: This Ordinance shall become effective 30 days following publication.
Sec. 9: 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 July 23, 2013.
4,'
Debbie Goettel, Mayor
ATTEST:
Nancy Gib• ity Clerk
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
Par 1:
That part of the following described land and accretions thereto lying northerly of the
northerly line of Registered Land Survey No. 1560 and its extensions:
That part of Government Lot 3 in Section 28, Township 28, Range 24 described as
follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94
feet South from the Northeast corner thereof; thence West at a right angle to said East
line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet;
thence West at a right angle a distance of 123.5 feet to the Southerly extension of the
West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said
extension to its intersection with a line drawn parallel with and distant 192.67 feet
South of the Westerly extension of the South line of the East-West alley platted in said
Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its
intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst
2nd Addition"; thence South along said Southerly extension to its intersection with a
line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in
said Block 2; thence West along said parallel line to its intersection with the Southerly
extension of the East line of the North-South alley platted in said Block 2; thence North
along said Southerly extension to the South line of the East-West alley platted in said
Block 2; thence West along said South line and its extension a distance of 202.00 feet;
thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-
2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along
said mean center line, determined in Torrens Case No. A-2547 to the Northerly line
Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly,
Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly
lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract
A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence
Northeasterly along said Southwesterly extension and along the Northwesterly line of
said Registered Land Survey No. 675 to the East line of said Government Lot 3;
thence North along said East line to the point of beginning; except that part of the East
176.5 feet thereof lying Northerly of a line bearing South 82 degrees West (assuming
the East line of said Government Lot 3 to bear North and South) from a point on said
East line distant 1176.3 feet South of the Northeast corner of said Lot 3.
Par 2:
That part of Government Lot 3, Section 28, Township 28, Range 24, Hennepin County
Minnesota, described as follows: Commencing at the intersection of the East line of
said Government Lot 3 with the Northwesterly line of Tract A, Registered Land Survey
No. 675, Hennepin County, Minnesota; thence on an assumed bearing of South 55
degrees 14 minutes West along the Northwesterly line of said Tract A and its
extension a distance of 178.99 feet to the actual point of beginning; thence South 72
degrees 50 minutes 34 seconds East to the West line of Tract C, in said Registered
Land Survey No. 675; thence Northerly along said West line to the Northwesterly
corner of said Tract C; thence South 55 degrees 14 minutes West to the actual point
of beginning.
Par 3:
Tracts A and B, Registered Land Survey No. 1560, Hennepin County, Minnesota.
Torrens (Certificate of Title No. 1075759)
PARCEL B:
Par 1:
That part of Government Lot 1 in Section 27, Township 28, Range 24 lying
Southwesterly of the Southwesterly line of Lyndale Avenue South and Northwesterly of
Registered Land Survey No. 675, Hennepin County, Minnesota.
Par 2:
That part of the following described land and accretions thereto lying southerly of the
northerly line of Registered Land Survey No. 1560 and its easterly extension:
That part of Government Lot 3 in Section 28, Township 28, Range 24 described as
follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94
feet South from the Northeast corner thereof; thence West at a right angle to said East
line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet;
thence West at a right angle a distance of 123.5 feet to the Southerly extension of the
West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said
extension to its intersection with a line drawn parallel with and distant 192.67 feet
South of the Westerly extension of the South line of the East-West alley platted in said
Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its
intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst
2nd Addition"; thence South along said Southerly extension to its intersection with a
line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in
said Block 2; thence West along said parallel line to its intersection with the Southerly
extension of the East line of the North-South alley platted in said Block 2; thence North
along said Southerly extension to the South line of the East-West alley platted in said
Block 2; thence West along said South line and its extension a distance of 202.00 feet;
thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-
2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along
said mean center line, determined in Torrens Case No. A-2547 to the Northerly line
Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly,
Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly
lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract
A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence
Northeasterly along said Southwesterly extension and along the Northwesterly line of
said Registered Land Survey No. 675 to the East line of said Government Lot 3;
thence North along said East line to the point of beginning.
Par 3:
All of Tract A;
Tract B, except the northwesterly 15 feet of said Tract B, and except that part of the
southwesterly 55 feet of said Tract B lying southeasterly of said northwesterly 15 feet
thereof, all in Registered Land Survey No. 675, Hennepin County, Minnesota.
Together with a non-exclusive easement for driveway purposes over the Northwesterly
15 feet of Tract B, Registered Land Survey No. 675, Hennepin County, Minnesota as
shown in deed Doc. No. 536923; (as to land in Par 3).
Torrens (Certificate of Title No. 1169344)
City of Richfield West alley platted in said Block 2; the South line of Lot 4,in said Block 2;
thence West along said South line and thence West along said parallel line to
(Official Publication) its extension a distance of 202.00 feet; its intersection with the Southerly ex-
thence N0.2013-14 thence Southwesterly to Judicial Land- tension of the East line of the North-
BILL mark No. 7 set pursuant to Torrens South alley platted in said Block 2;
TRANSITORY
NO.18.90 Case No.A-2547 on the mean center thence North along said Southerly ex-
AN ORDINANCE VACATING PUBLIC line of the bed of Grass Lake;thence tension to the South line of the East-
SEWER EASEMENTS Southeasterly along said mean center West alley platted in said Block 2;
MEDIA (6400 LYNDALE AVENUE) line,determined in Torrens Case No.A- thence West along said South line and
CITY OF RICHFIELD DOES OR- 2547 to the Northerly line Registered its extension a distance of 202.00 feet;
THE
THE Land Survey No. 1560, Hennepin thence Southwesterly to Judicial Land-
AFFIDAVIT OF PUBLICATION County, Minnesota; thence Easterly, mark No. 7 set pursuant to Torrens
Section 1: The lands described in the Southerly,Easterly and Southerly along Case No.A-2547 on the mean center
attached Exhibit A are subject to an the Northerly, Easterly, Northerly and line of the bed of Grass Lake;thence
STATE OF MINNESOTA ) easement for public sewer ("Sewer Easterly lines of said Survey to the Southeasterly along said mean center
)SS. Easement")as described in Document Southwesterly extension of the North- line,determined in Torrens Case No.A-
Nos.2928405 and 291794. westerly line of Tract A, Registered 2547 to the Northerly line Registered
COUNTY OF HENNEPIN ) Land Survey No.675,Hennepin Coun- Land Survey No. 1560, Hennepin
Sec.2:The sewer pipe within the ease- ty, Minnesota;thence Northeasterly County, Minnesota;thence Easterly,
Jeremy Bradfield, being duly sworn on an ment has been abandoned and re- along said Southwesterly extension Southerly,Easterly and Southerly along
placed elsewhere and the Sewer Ease- and along the Northwesterly line of said the Northerly, Easterly, Northerly and
oath, states or affirms that he is the ment is no longer required. Registered Land Survey No.675 to the Easterly lines of said Survey to the
Advertising Director of the newspaper(s) Sec.3:The Sewer Easement is adja- East line of said Government Lot 3; Southwesterly extension of the North-
known as cent to public waters(Richfield Lake); thence North along said East line to the westerly line of Tract A, Registered
accordingly the City has notified the point of beginning;except that part of Land Survey No.675,Hennepin Coun-
commissioner of natural resources. the East 176.5 feet thereof lying ty, Minnesota;thence Northeasterly
Richfield Sun-Current The Department of Natural Resources Northerly of a line bearing South 82 de- along said Southwesterly extension
has no objection to the vacation. grees West(assuming the East line of and along the Northwesterly line of said
said Government Lot 3 to bear North Registered Land Survey No.675 to the
Sec.4:The Council finds that there is and South)from a point on said East East line of said Government Lot 3;
not a public need for the Sewer Ease- line distant 1176.3 feet South of the thence North along said East line to the
and has full knowledge of the facts stated ment. Northeast corner of said Lot 3. point of beginning.
below: Sec.5: The City of Richfield held the Par 2: Par 3:
(A)The newspaper has complied with all of first reading on July 9,2013 and sec- That part of Government Lot 3,Section All of Tract A;
and reading on July 23,2013. Legal 28,Township 28,Range 24,Hennepin Tract B, except the northwesterly 15
the requirements constituting qualifica- notice was published in the City's offi- County Minnesota, described as fol- feet of said Tract B,and except that
tion as a qualified newspaper as provid- cial newspaper as required by ordi- lows:Commencing at the intersection part of the southwesterly 55 feet of said
nance. of the East line of said Government Lot Tract B lying southeasterly of said
ed by Minn. Stat. §331A.02, §331A.07, 3withtheNorthwesterlylineofTractA, northwesterly 15 feet thereof, all in
and other applicable laws as amended. Sec.6:Upon the effective date of this Registered Land Survey No.675,Hen- Registered Land Survey No.675,Hen-
pp Ordinance, the Sewer Easement de- nepin County,Minnesota;thence on an nepin County,Minnesota.
(B)The printed public notice that is at- scribed d is vacated. 2928405 and assumed bearing of South 55 degrees Together with a non-exclusive ease-
tached was published in said news a- 14 minutes West along the Northwest-
p p ment for driveway purposes over the
per(s) once each week, for one SUC Sec.7: This Ordinance shall become erly line of said Tract A and its exten- Northwesterl 15 feet of Tract B,Re
effective 30 days following publication. sion a distance of 178.99 feet to the ac- y .
cessive week(s);it was first published on tual point of beginning;thence South istered Land Survey No.675,Hennepin
p Sec.9: The City Clerk is directed to 72 degrees 50 minutes 34 seconds County, Minnesota as shown in deed
Thursday, the 1 day of prepare a Certificate of Completion of East to the West line of Tract C,in said Doc.No.536923;(as to land in Par 3).
August , 2013, and was there- vacation proceedings and to record the Registered Land Survey No. 675; Torrens (Certificate of Title No.
after printed and published on every vacation in the office of the Hennepin thence Northerly along said West line 1169344)
p p y County Registrar of Titles or Hennepin to the Northwesterly corner of said
Thursday to and including Thursday,the County Recorder,as appropriate. Tract C;thence South 55 degrees 14 (Aug.1,2013)D2-Bi112 01 3-1 4
day of , 2013; Passed by the City Council of the City minutes West to the actual point of be-
and printed below is a copy of the lower 2013ionfiela, Minnesota this July 23, ginning.
Par 3:
case alphabet from A to Z, both inclu- Debbie Goettel,Mayor Tracts A and B,Registered Land Sur-
sive, which is hereby acknowledged as vey No.1560,Hennepin County,Min-
ATTEST: nesota.
being the size and kind of type used in Nancy Gibbs,City Clerk Torrens (Certificate of Title No.
the composition and publication of the EXHIBITA 1075759)
notice: PARCEL B:
LEGAL DESCRIPTION
abcdefghijklmnopqrstuvwxyz PARCEL A: Par 1:
That part of Government Lot 1 in Sec-
Par 1: tion 27,Township 28, Range 24 lying
That part of the following described Southwesterly of the Southwesterly
land and accretions thereto lying line of Lyndale Avenue South and
northerly of the northerly line of Regis- Northwesterly of Registered Land Sur-
tered Land Survey No.1560 and its ex- vey No. 675, Hennepin County, Min-
tensions: nesota.
That part of Government Lot 3 in Sec- Par 2:
J tion 28,Township 28, Range 24 de- That part of the following described
BY: scribed as follows:Beginning at a point land and accretions thereto lying
r on the East line of said Government Lot southerly of the northerly line of Regis-
Advertising Director 3 distant 1060.94 feet South from the tered Land Survey No. 1560 and its
Northeast corner thereof;thence West easterly extension:
at a right angle to said East line a dis- That part of Government Lot 3 in Sec-
tance of 176.5 feet;thence North at a tion 28, Township 28, Range 24 de-
Subscribed and sworn to or affirmed right angle a distance of 16.00 feet; scribed as follows:Beginning at a point
thence West at a right angle a distance on the East line of said Government Lot
before me on this 1 day of of 123.5 feet to the Southerly extension 3 distant 1060.94 feet South from the
August ,2013. of the West line of Block 1, "Ray's Northeast corner thereof;thence West
Lynnhurst 2nd Addition"thence South at a right angle to said East line a dis-
along said extension to its intersection tance of 176.5 feet;thence North at a
)tt..4..„tt.1.15t I\
with a line drawn parallel with and dis- right angle a distance of 16.00 feet;
/ tant 192.67 feet South of the Westerly thence West at a right angle a distance 4. extension of the South line of the East- of 123.5 feet to the Southerly extension
West alley platted in said Block 1,
"Ray's Lynnhurst 2nd Addition";thence Lynnhurst the West line of Block "Ray's
Notary Public Ly 2nd d Addition"thence e SoutSouth
West along said parallel line to its inter- along said extension to its intersection
section with the Southerly extension of with a line drawn parallel with and dis-
the East line of Block 2, "Ray's tant 192.67 feet South of the Westerly
Lynnhurst 2nd Addition";thence South extension of the South line of the East-
JULIA I. HELKENN along said Southerly extension to its in-
(r West alley platted in said Block 1,
tersection with a line drawn parallel "
with and distant 225.00 feet South from y Ray's L nnhurst2ndAddition";thence
�1 NOTARY PUBLC-MINNESOTA West along said parallel line to its inter-
.,r;. My Comm.Exp.Jan.31,2015 the South line of Lot 4,in said Block 2; section with the Southerly extension of
thence West along said parallel line to the East line of Block 2, "Ray's
its intersection with the Southerly ex- Lynnhurst 2nd Addition";thence South
tension of the East line of the North- along said Southerly extension to its in-
South alley platted in said Block 2; tersection with a line drawn parallel
thence North along said Southerly ex- with and distant 225.00 feet South from
tension to the South line of the East-