2008-14BILL NO. 2008-14
TRANSITORY ORDINANCE NO. 18.59
AN ORDINANCE VACATING PUBLIC UTILITY EASEMENT
800 66th Street West, Richfield
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described land is subject to an easement for public
utility purposes:
All that part of Graham Avenue as recorded in Book 2052 of Deeds, Page.
639, embraced within Tract A, Registered Land Survey No. 642, Hennepin
County, Minnesota.
Sec. 2: The City Council has determined the petition for vacation to be
adequate by Resolution No. 10086.
Sec. 3: There is no public need for a utility easement over a portion of the
land, as described in section 1.
Sec. 4: The water main located within the land described in section 1 is no
longer necessary and shall be capped and removed by the owner of said land.
Sec. 5: There are additional existing utility lines within a portion of the land
described in section 1, and there is a continuing need for an easement over this
area.
Sec. 6: A utility easement shall be maintained over, under and across the
following described lands:
Tract A, Registered Land Survey No. 642, Hennepin County, Minnesota
lying easterly of the following described line: Commencing at the southeast
corner of said Tract A; thence South 59 degrees 44 minutes 30 seconds
West on an assumed bearing along the south line of said Tract A, a distance
;of 13.50 feet to the point of beginning of said line; then North 15 degrees 30
minutes 31 seconds West 292.88 feet to the north line of said Tract A and
there said line terminates; and
A 10-foot wide strip of land, the southerly line of which begins at a point on
the easterly right of way line of Graham Avenue approximately 45 feet
northerly of the SE corner of Tract A; to a point on the westerly right of way
line of Graham Avenue approximately 2 feet northwesterly of a point on the
southerly line of Tract A, which point is 13.50 feet southwesterly of the SE
corner, Registered Land Survey No. 642, Hennepin County, Minnesota.
Sec. 7: Upon the effective date as provided in section 8 below, the public
utility easement described in section 1 above is vacated, except for that portion
which lies within the area described in section 6 above. The City expressly retains
a public utility easement over the lands described in section 6 above, including the
right to enter to maintain, repair, replace, remove, or otherwise attend to public
utility lines; provided that the utility shall promptly repair any damage resulting from
such maintenance, repair, replacement, or removal.
Sec. 8: The vacation of the utility easement is effective 30 days following
publication of the ordinance.
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 June 24, 2008.
Deb ie Goettel, Mayor
ATTEST:
Nancy Gibb ity Clerk
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(s) 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. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 3 day of JuIY
2008, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
2008; 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 ij kl mnopq rstuvwxyz
e
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 3 day of
JuIY , 2008.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1~t-09
s
City of Richfield
(Official Publication)
BILL NO.2008-14
TRANSITORY ORDINANCE NO.18.59
AN ORDINANCE VACATING PUBLIC UTILITY
EASEMENT
800 66th Street West, Richfield
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described land is subject to
an easement for public utility purposes:
All that part of Graham Avenue as recorded in Book
2052 of Deeds, Page 639, embraced within Tract A, Reg-
istered Land Survey No. 642, Hennepin County, Min-
nesota.
Sec. 2: The City Council has determined the petition
for vacation to be adequate by Resolution No. 10086.
Sec. 3: There is no public need for a utility easement
over a portion of the land, as described in section 1.
Sec. 4: The water main located within the land de-
scribed in section 1 is no longer necessary and shall be
capped and removed by the owner of said land.
Sec. 5: There are additional existing utility lines with-
in aportion of the land described in section 1, and there
is a continuing need for an easement over this area.
Sec. 6: A utility easement shall be maintained over,
under and across the following described lands:
Tract A, Registered Land Survey No. 642, Hennepin
County, Minnesota lying easterly of the following de-
scribed line: Commencing at the southeast corner of
said Tract A; thence South 59 degrees 44 minutes 30
seconds West on an assumed bearing along the south
line of said Tract A, a distance of 13.50 feet to the point
of beginning of said line; then North 15 degrees 30
minutes 31 seconds West 292.88 feet to the north line
of said Tract A and there said line terminates; and
A 10-foot wide strip of land, the southerly line of which
begins at a point on the easterly right of way line of
Graham Avenue approximately 45 feet northerly of
the SE corner of Tract A; to a point on the westerly
right of way line of Graham Avenue approximately 2
feet northwesterly of a point on the southerly line of
Tract A, which point is 13.50 feet southwesterly of the
SE corner, Registered Land Survey No. 642, Hen-
nepin County, Minnesota.
Sec. 7: Upon the effective date as provided in section
8 below, the public utility easement described in section 1
above is vacated, except for that portion which lies within
the area described in section 6 above. The City express-
ly retains a public utility easement over the lands de-
scribed in section 6 above, including the right to enter to
maintain, repair, replace, remove, or otherwise attend to
public utility lines; provided that the utility shall promptly
repair any damage resulting from such maintenance, re-
pair, replacement, or removal.
Sec. 8: The vacation of the utility easement is effec-
tive 30 days following publication of the ordinance.
Sec. 9: The City Clerk is directed to prepare a certifi-
cate of completion of vacation proceedings and to record
the vacation in the office of the Hennepin County Regis-
trar of Titles or Hennepin County Recorder, as appropri-
ate.
Passed by the City Council of the City of Richfield, Min-
nesota this June 24, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
(July 3, 2008) d2-bill 2008-14