04-27 Bill No. 2021-7BILL NO. 2021-7 (Revised)
TRANSITORY ORDINANCE NO. 19.19
AN ORDINANCE VACATING A PORTION OF PUBLIC RIGHT-OF-WAY
AND UTILITY EASEMENTS
OVER PROPERTY LOCATED AT THE NORTHEAST CORNER OF LYNDALE
AVENUE SOUTH AND 65TH STREET
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The plat of J. N. Hauser's Second Addition dedicates land lying west
of the westerly line of Lot 2, Block 2 as public right of way for Lyndale Avenue South.
Sec. 2. The owner of Lot 2, Block 2, J. N. Hauser's Second Addition has
petitioned for a partial vacation of that street easement described as follows:
That part of Lyndale Avenue South as dedicated on J. N. HAUSER'S SECOND
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying
southeasterly and northeasterly of the following described line:
Commencing at the most westerly corner of Lot 2, Block 2, said J.N. HAUSER'S
SECOND ADDITION; thence South 43 degrees 36 minutes 53 seconds East, assumed
bearing along the westerly line of said Lot 2, a distance of 5.38 feet to the point of
beginning of the right of way to be vacated; thence South 46 degrees 32 minutes 19
seconds West, a distance of 7.69 feet; thence South 43 degrees 27 minutes 40 seconds
East, a distance of 68.71 feet; thence Southeasterly a distance of 34.87 feet, along a
non -tangential curve, concave to the northeast, having a central angle of 20 degrees 10
minutes 45 seconds, a radius of 99.00 feet, and a chord which bears South 53 degrees
31 minutes 55 seconds East, to said westerly line of Lot 2 and said line there
terminating.
Sec.. 3. The Council finds that there is no public need for a street easement over
that part of the platted street that is the subject of the petition.
Sec. 4. The following described lands are subject to the easements in favor of
the City of Richfield as described in Exhibit A for utility purposes ("Utility Easements"):
Sec. 5: The City has notified the service providers for gas, electric, telephone,
and cable communications services of the proposed vacations; the following facilities
are reported to be located in the Utility Easements: cable
Sec. 6: The existing utility lines within the easement areas shall be removed and
placed within new easements dedicated in the plat by the land owner. There is no need
to reserve the Utility Easement as part of this proceeding.
Bill No. 2021-7 — Revised
Sec. 7: The Council finds that there is not a public need for the Utility Easements.
Sec. 8. The City of Richfield held the first reading on April 13, 2021 and second
reading on April 27, 2021. Legal notice was published in the City's official newspaper
as required by ordinance.
Sec. 9: The Street Easement and Utility Easement are vacated conditioned upon
the following conditions:
1. Filing of the plat of Lyndale Oaks Second Addition; and
2. Dedication of additional right-of-way for Lyndale Avenue South in its new
location on the final plat.
Sec. 10: The vacation of the Street Easement is effective 30 days following
publication of the ordinance.
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, following publication.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
April, 2021
Maria Regan Gonzalez, Mayor
ATTEST:
eua_� sef
Elizabeth VanHoose, City Clerk
Bill No. 2021-7 — Revised 2
EXHIBIT A
UTILITY EASEMENT DESCRIPTIONS
Easement 1.
The easement for storm sewer purposes, in favor of the City of Richfield, as
created in Agreement dated May 24, 1967, filed August 2, 1967, as Document No.
3668072, in Book 2596 of Deeds, Page 588, Hennepin County, Minnesota, lying within:
The southerly 5 feet of Lot 3, Block 6, Lyndale Oaks, Hennepin County,
Minnesota.
Easement 2.
The easement for utility installation and maintenance as created in Indenture
dated September 10, 1946, filed September 11, 1946, as Document No. 2395014,
Hennepin County, Minnesota, lying within:
The 5 feet to the rear of each Lot of Lots 3, 4, 5, 19, 20 and all of Lot 18 except
the Northwesterly 25 feet thereof, Block 6, Lyndale Oaks, according to the recorded plat
thereof, Hennepin County, Minnesota.
Easement 3.
The portion of the easement for utilities purposes reserved by the City of Richfield in
Transitory Ordinance 17.02 passed July 26, 1982, filed July 23, 1985, as Document No.
5015916, Hennepin County Minnesota, described as follows:
Beginning at the most Northwesterly corner of Lot 19 in said Block 6; thence
Northeasterly along the Northwesterly line of said Lot 19 and its extension to the
Northerly line of Lot 5 in said Block 6; thence Easterly along said North line 114.29 feet,
more or less, to the Northeasterly corner of said Lot 5; thence Westerly passing through
the Southwesterly corner of Lot 6 in said Block 6 to the centerline of the vacated alley
adjoining the Northeasterly line of Lot 18 in said Block 6; thence Northwesterly along
said centerline to its intersection with the Northeasterly extension of the Southeasterly
line of the Northwesterly 25 feet of said Lot 18; thence Southwesterly along said
extension to the Northeasterly line of said Lot 18; thence Southeasterly along said
Northeasterly line to the most Easterly corner of said Lot 18; thence Southwesterly
along the Southeasterly line of said Lot 18 to the Southerly corner of said Lot 18; thence
Southeasterly to the point of beginning.
Bill No. 2021-7 — Revised
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SC Bloomington Richfield
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
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 provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/06/2021 and the last
insertion being on 05/06/2021.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/06/2021 by Diane Erickson.
U er,P�k
Notary Public
�.Nwrrr..www�wovww
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 1134816
CITY OF RICHFIELD
SUMMARY PUBLICATION
BILL NO. 2021-7
AN ORDINANCE VACATING
A PORTION OF PUBLIC
RIGHT-OF-WAY AND
UTILITY EASEMENTS OVER
PROPERTY LOCATED AT
THE NORTHEAST CORNER
OF LYNDALE AVENUE
AND 65TH STREET
This summary of the ordinance
is published pursuant to Section
3.12 of the Richfield City Charter.
This ordinance vacates a portion
of the Lyndale Avenue right-of-
way near the northeast corner of
Lyndale Avenue and 65th Street.
Additionally, the ordinance vacates
the utility easements within the
property located at the northeast
corner of Lyndale Avenue and 65th
Street addressed as 6467 Lyndale
Avenue, 6439 Lyndale Avenue, and
415 64'/2 Street West.
Copies of the ordinance are
available for public inspection in
the City Clerk's office during nor-
mal business hours or upon re-
quest by calling the Department of
Community Development at (612)
861-9760.
Adopted by the City Council of
the City of Richfield, Minnesota this
27th day of April, 2021.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Published in the
Sun Current
May 6, 2021
1134816