12-12 Bill No. 2017-16 BILL NO. 2017-16
TRANSITORY ORDINANCE NO. 19.07
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS
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 and storm sewer purposes:
That part of 67th Street East as dedicated on the plat of WEXLER'S ADDITION,
according to the recorded plat thereof, Hennepin County, Minnesota, which lies
westerly of a line drawn from the southeast corner of Lot 8, Block 2 to the
northeast corner of Lot 1, Block 3 and lies easterly of a line drawn from the
southwest corner of Lot 8, Block 2 to the northwest corner of Lot 1, Block 3, all in
said WEXLER'S ADDITION.
("Street Easement#1")
AND
That part of 67th Street East that approximately lies on Lots 1, 2, 15 and 16,
Block 4, WEXLER'S ADDITION, according to the recorded plat thereof,
Hennepin County, Minnesota lying westerly of the west right of way line of Cedar
Avenue and lying easterly of the east right of way line of 18th Avenue South, as
shown on said WEXLER'S ADDITION.
("Street Easement#2")
AND
A permanent easement for the construction, operation, maintenance, and repair
of a storm sewer under and across the easterly twenty (20) feet of Lots 15 and
16, Block 4, WEXLER'S ADDITION, according to the recorded plat thereof,
Hennepin County, Minnesota.
(the "Storm Easement")
Sec. 2: Street Easement#1 and Street Easement #2 are not required for access
to the abutting properties.
Sec. 3: The following public facilities are located in Street Easement#1: water
and storm sewer.
511599v1 SJS RC145-174
Sec. 4: The following facilities are reported to be located in the Street Easement
#1: electric, cable, and telephone/internet. The City has notified the service providers for
electric, cable, and telephone/internet of the proposed vacation.
Sec. 5: Electric, cable, and telephone/internet services will be relocated by the
developer as part of the project which consists of platting and developing the underlying
property as WEXLER'S SECOND ADDITION (the "Project").
Sec. 6: The Council finds that there is not a public need for Street Easement#1
or Street Easement#2.
Sec. 7: The storm sewer and sanitary sewer lines within the Storm Easement
shall be removed by the developer as part of the Project.
Sec. 8: The City of Richfield held the first reading of this Ordinance on November
28, 2017 and second reading on December 12, 2017. Legal notice was published in the
City's official newspaper as required by ordinance.
Sec. 9: Street Easement#1, Street Easement#2, and the Storm Easement are
vacated conditioned upon the approval by the City Council and recording of the plat for
WEXLER'S SECOND ADDITION.
Sec. 10: The vacation of Street Easement#1, Street Easement#2, and the
Storm Easement are effective immediately following 30 days after publication of this
Ordinance, provided that the final plat for WEXLER'S SECOND ADDITION has been
recorded.
Sec. 11: 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 of
December, 2017.
Pat Elliott, Mayor
ATTEST:
Elizabeth V n oose, City lerk
511599v1 SJS RC145-174
K
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD Easement are vacated conditioned
BILL NO.2017-16 upon the approval by the City
STATE OF MINNESOTA )ss TRANSITORY ORDINANCE Council and recording of the plat
OF HENNEPIN NO.19.07 AN ORDINANCE for WEXLER'S SECOND ADDI-
COUNTYVACATING PUBLIC RIGHT- TION.
OF-WAY EASEMENTS Sec.10: The vacation of Street
Darlene MacPherson being duly sworn on an THE CITY OF RICHFIELD DOES Easement #1, Street Easement
oath, states or affirms that he/she is the ORDAIN: #2, and the Storm Easement are
1:Publisher's Designated Agent of the newspa- scribedson lands a eesubje t�no the daysde- tive after publimmelication ofiatelylthis owinOrdii--
per(s)known as: easements as described below nance, provided that the final plat
for public street right-of-way and for WEXLER'S SECOND ADDITION
SC Richfield storm sewer purposes: has been recorded.
That part of 67th Street East Sec.11:The City Clerk is direct-
as dedicated on the plat of WPC- ed to prepare a certificate of corn-
with the known office of issue being located LER'S ADDITION, according to pletion of vacation proceedings
in the county of: the recorded plat thereof, Henne- and to record the vacation in the
HENNEPIN pin County, Minnesota, which lies office of the Hennepin County Reg-
with additional circulation in the counties of: westerly of a line drawn from the istrar of Titles or Hennepin County
southeast corner of Lot 8, Block Recorder,as appropriate.
HENNEPIN 2 to the northeast corner of Lot 1, Passed by the City Council of
and has full knowledge of the facts stated Block 3 and lies easterly of a line the City of Richfield,Minnesota this
below: drawn from the southwest corner 12th of December,2017.
of Lot 8, Block 2 to the northwest Pat Elliott,Mayor
(A)The newspaper has complied with all of corner of Lot 1,Block 3,all in said ATTEST:
the requirements constituting qualifica- WEXLER'S ADDITION. Elizabeth VanHoose,City Clerk
tion as a qualified newspaper as provided ("Street Easement#1") Published in the
by Minn.Stat.§331A.02. AND Richfield Sun Current
B This Public Notice wasprinted andpub- pThat part of 67th Street East that December 21,2017
(B) approximately lies on Lots 1,2,15 766437
lished in said newspaper(s) once each and 16,Block 4,WEXLER'S ADDI-
week, for 1 successive week(s); the first TION, according to the recorded
insertion being on 12/21/2017 and the last plat thereof,Hennepin County,Min-
nesota lying westerly of the west
insertion being on 12/21/2017. right of way line of Cedar Avenue
and lying easterly of the east right
MORTGAGE FORECLOSURE NOTICES of way line of 18th Avenue South,
Pursuant to Minnesota Stat. §580.033 as shown on said WEXLER'S AD-
relating to the publication of mortgage DI TION.
("Street Easement#2')
foreclosure notices: The newspaper complies AND
with the conditions described in §580.033, A permanent easement for the
subd. 1, clause (1) or(2). If the newspaper's constructionnanceandrepair, operaoftion,
astorm mainte-
, sew-
known office of issue is located in a county er under and across the easterly
adjoining the county where the mortgaged twenty(20)feet of Lots 15 and 16,
premises or some part of the mortgaged Block 4,WEXLER'S ADDITION,ac-
premises described in the notice are located, cording to the recorded plat there-
premises
substantial portion of the newspaper's of,theHe "Stormn County,seMinnesota.
(the Easement")
circulation is in the latter county. Sec.2:Street Easement#1 and
Street Easement #2 are not re-
quired for access to the abutting
^ , n1
properties.
By: J
'J 11' Sec.3:The following public fa-
Designated gent cilities are located in Street Ease-
ment#1:water and storm sewer.
Sec. 4: The following facilities
Subscribed and sworn to or affirmed before are reported to be located in the
me on 12/21/2017 by Darlene MacPherson. Street Easement#1:electric,cable,
and telephone/internet. The City
has notified the service providers
for electric, cable, and telephone/
Internet of the proposed vacation.
WI-4--&-/4 * tr, / Sec.5: Electric,cable,and tele-
Notary Public phone/internet services will be re-
located by the developer as part of
the project which consists of plat-
ting and developing the underlying
4.
property as WEXLER'S SECOND
,es ADDITION(the"Project").
�'r MARLENE M. MITCHELL Sec. 6: The Council finds that°' there is not a public need for Street
�;Fr,), Notary Public-Minnesota Easement #1 or Street Easement
��.f;.,.. My Commission Expires Jan 31,2020 #2.
Sec. 7: The storm sewer and
sanitary sewer lines within the
Storm Easement shall be removed
by the developer as part of the
Project.
Sec. 8: The City of Richfield
Rate Information: held the first reading of this Ord-
Rate on November 28,2017 and
(1)Lowest classified rate paid by commercial users second reading on December 12,
for comparable space: 2017. Legal notice was published
$34.45 per column inch in the City's official newspaper as
required by ordinance.
Sec. 9: Street Easement #1,
Ad ID 766437 Street Easement#2,and the Storm