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2009-04BILL NO. 2009-4 TRANSITORY ORDINANCE NO. 18.63 AN ORDINANCE VACATING HIGHWAY EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The land described on Certificate of Title No. 1184055, files of the Hennepin County Registrar of Titles is owned in fee title by the City of Richfield (the "Property") and is depicted on the attached Exhibit A. Sec. 2. The Property is subject to an easement in favor of the State of Minnesota for highway purposes as evidenced by Final Certificate recorded January 15, 1965 as Document No. 797648, which instrument is memorialized on Certificate of Title No. 1184055. The Easement encumbers the entirety of the Property. Sec. 3. The State has quitclaimed and conveyed all of its interest in the Property to the City by Deed Document No. 4379387, -and the Property is in use as a City maintenance facility and has been improved with a building that houses the offices and equipment of the public works department. Sec. 3: There is no public need for a highway easement over the Property. Sec. 4: There are existing utility lines within a portion of the Property. However, the Property is part of a proposed plat, and all necessary easements for existing utility lines will be dedicated in the plat. There is no need to reserve utility easements as part of this proceeding. Sec. 5: Upon the effective date of this Ordinance, that portion of the Easement created by Document No. 797648 which is encumbers the Property is vacated Sec. 6. The City of Richfield held the first reading on January 27, 2009 and second reading on February 24, 2009. Legal notice was published in the City's official newspaper as required by ordinance. 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. Passed by the City Council of the City of Richfield, Minnesota this 24th day of February, 2009. ~ .~~ Debbie Goettel, Mayor ATTEST: Th r sa Schyma, Deputy City Clerk EXHIBIT A Sketch of Easement Area Being Vacated _..__i . ~. -.:~~ f `' 1 -~ I a 5 9 F R F. ! ~~~. ~ •~ ~•.. 3 i_y.~ ~~, z ®® ~e ~ ~;e,{~i M. '~ . L~ s _~~.~31sS y .. 1. - ~ ~..- .,~ ~ s... .~~_ ~ ~_~__-.~ _ ~ __.. i i ~ i n 9 '~++ ~ k i 9 c. ~4'1 A~t h, }~. ~~ ~ -_ ~' { f 1` ~i 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 5 day of March 2009, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _____ day of 2009; 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: abcdefghijklmnopgrstuvwxyz r BY: ,~. CFO Subscribed and sworn to or affirmed before me on this 5 day of March , 2009. l/ ( Notary Public MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1~1-14 City of Richfield (Official Publication) BILL NO. 2009-4 TRANSITORY ORDINANCE NO. 18.63 AN ORDINANCE VACATING HIGHWAY EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The land described on Certificate of Title No. 1184055, files of the Hennepin County Registrar of Ti- tles is owned in fee title by the City of Richfield (the "Prop- erty") and is depicted on the attached Exhibit A. Sec. 2. The Property is subject to an easement in favor of the State of Minnesota for highway purposes as evidenced by Final Certificate recorded January 15, 1965 as Document No. 797648, which instrument is memorial- ized on Certificate of Title No. 1184055. The Easement encumbers the entirety of the Property. Sec. 3. The State has quitclaimed and conveyed all of its interest in the Property to the City by Deed Document No. 4379387, and the Property is in use as a City mainte- nance facility and has been improved with a building that houses the offices and equipment of the public works de- partment. Sec. 3: There is no public need for a highway ease- ment over the Property. Sec. 4: There are existing utility lines within a portion of the Property. However, the Property is part of a pro- posed plat, and all necessary easements for existing util- ity lines wilt be dedicated in the plat. There is no need to reserve utility easements as part of this proceeding. Sec. 5: Upon the effective date of this Ordinance, that portion of the Easement created by Document No.797648 which is encumbers the Property is vacated Sec. 6. The City of Richfield held the first reading on January 27, 2009 and second reading on February 24, 2009. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 7: This ordinance shall become effective 30 days after publication of the ordinance. Sec. 8: 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. Passed by the City Council of the City of Richfield, Min- nesota this 24th day of February, 2009. ATTEST: Debbie Goettel, Mayor Theresa Schyma, Deputy City Clerk (Mar. 5, 2009) d2-bill 2009-4