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05-25 Bill No. 2021- 9BILL NO. 2021-9 TRANSITORY ORDINANCE NO. 19.20 AN ORDINANCE VACATING A PORTION OF FIFTH AVENUE SOUTH THE CITY OF RICHFIELD DOES ORDAIN: Section 1: A portion of Fifth Avenue South in the City of Richfield abuts that certain real property located at 7132 Portland Ave S. Richfield MN (the "Property") and said portion of Fifth Avenue South is as legally described on the attached Exhibit A and is as further depicted on the attached Exhibit B (the "Subject Street"). Sec. 2: The City Council approved certain development plans for the Property on August 20, 2021 (the "Development Resolution"). As part of the zoning approvals for the proposed building addition as contemplated within the Development Resolution the Subject Street is required to be vacated. Sec. 3. The Subject Street is not required for access to the abutting properties. Sec. 4: The Subject Street does not contain any public facilities that would be adversely affected by the vacation of the Subject Street. Sec. 5: The City has notified the service providers for gas, electric, telephone and cable communication services of the proposed vacation; the following facilities are reported to be located in the Subject Street: cable. Sec. 6: The Council finds that there is not a public need for the Subject Street and is instead necessary as the approved building addition would not otherwise be in compliance with city setback requirements. Sec. 7: The street easement vacation is conditioned upon preparation and execution of a utility and drainage easement over the entire area to be vacated. Sec. 8: The City of Richfield held the first reading of this Ordinance on May 11, 2021 and the second reading on May 25, 2021. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 9: This ordinance shall be effective, and the Subject Street vacated, on the day following publication pursuant to Sections 3.09 and 5.01 of the City Charter. Sec. 10- 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. Bill No. 2021-9 Passed by the City Council of the City of Richfield, Minnesota this 25th day of May, 2021. ftwhL Pjw JAz:- Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, Acting City Clerk EXHIBIT A The Subject Street That part of 5th Avenue South lying north of the north line of Lot 1, Block 1, HOPE PRESBYTERIAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and south of the following described line: Beginning at a point of the west line of 5th Avenue South distant 10.00 feet south of the southeast corner of Lot 2, said Block 1; thence east to a point on the east line of 5th Avenue South distant 10.00 feet south of the southwest corner of Lot 3, said Block 1 and there said line terminates. Bill No. 2021-9 A-1 EXHIBIT B Depiction of the Subject Street STREET VACATION EXHIBIT FOR, HOPE PRESBYTERIAN CHURCH 60 soutl east corner of I-ot 2 Blo<,.k 1, HOPE PRESBYTE 'I"N southwest corner of Lot 3, Block 1, HOPE PRESBYTEPIAN CHURCH ADDITION C -HURCH ADDITION --------------- - ----------- ............ . . ... fO 00 10,00 — tp 5oo ar North kne of Lot 1, > 0 Block 1, HOPE PRESBYI'ERIAN CHURCH ADDITION Scale: I unch = 30 feet ro 5TH AVENUE SOUTH VACATION DESCRIPTION That part of 5th Avenue South lying north of the north line of Lot 1, Block 1, HOPE PRESBYTERIAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and south of the following described line: Beginning at a point of the west line of 5th Avenue South distant 10.00 feet South of the southeast corner of Lot 2, said Block 1; thence east to a point on the east line of 5th Avenue South distant 10.00 feet south of the southwest corner of Lot 3, said block I and there said line terminates. Rehder and Associates, Inc. UVIL ENG[NEEkS AND LAND SURVEYORS 34AO ieMvD,4,o - �,44 M- Edg-, Vlw-lotv • P?�oo (Wd 462 Wbt Bill No. 2021-9 B-1 4 AFFIDAYIT OF PUBLICATION )*,STATE OF MINNESOTA COLINTY OF HENNEPIN Karen Nelson being duly sworn on an oath, states or aflirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known offrce of issue being located in the county ol HENNEPIN with additional circulation in the counties ot 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. $3314.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the hrst insertion being on 0610312021 and the last insertion being on 0610312021. 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 9580.033, subd. l, clause (l) 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 aflirmed before me on061031202l by Karen Nelson. Notary Public Rate Information: (l) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 1142484 DARLENE MARIE MACPHERSOI.I NOTARY PUBLIC . MINNESfiA My Commbslon EAlrBs &n 31, 2024 CITY OF RICHFIELD BILL NO. 2021-9 TRANSITORY ORDINANCE NO. 19.20 AN ORDINANCEVACATING A PORTION OF FIFTH AVENUE SOUTH THE CITY OF RICHFIELD DOES ORDAIN: Section 1: A portion of Fifth Avenue South in the City of Richfield abuts that certain r€al proporty located at 71 32 Portland Ave S. Richfiold MN (the "Property") and said portign of Fifth Avenue South is as legally described on the attached Exhibit A and is as further depicted on the attached Exhibit B (the "Subject Streel"). Sec. 2: The City Council approved certain devolopment plans for the Property on August 20, 2021 (the "Development Resolution"). As part of ths zoning approvals for the proposod building addition as contem- platod within the Development Resolution the Subject Street is required to be vacated. Sec. 3. The Subiect Street is not requirod for access to the abutting properties. Sec. 4: The Subiect Street doas not contain any public facilities that would be adversely affected by the vacation of th6 Subject Strest. Sec. 5: The City has notilied the service providers for gas, olectric, telephone and cable communication services of the proposed vacation; the following facilities are reported to be located in the Subiect Street: cable. Sec. 6: The Council finds that there is not a public need for the Sub- ject Strost and is instead necessary as the approved building addition would not othorwise be in complianc6 with city setback requirements. Sec. 7: The stroot essement vacation is conditioned upon prepara- tion and execution of a utility and drainage easement over tho entire area to be vacated. Sec. 8: The City of Richfield held the first reading of this Ordinance on May 1 1 , 202 1 and the second reading on May 25,2O21 . Legal notico was published in the City's official newspaper as rsquired by ordinance. Sec. 9: This ordinance shall be effective, and the Subiect Street va- cated, on the day following publication pursuant to Sections 3.09 and 5.01 of rhe city charter. Sec. 10: The City Clerk is directed to prepare a certificate ol comple- tion of vacation proceedings and to record the vacation in the office of the Hennepin County Hegistrar of Titles or Hennepin County Recorder, as appropriate, EXHIBIT A The Subject Street That part of sth Avenue South lying north of the north line of Lot 1, Block 1, HOPE PRESBYTERIAN CHUHCH ADDITION, according to the r€corded plat thereof, Hennepin County, Minnesota and south of the following doscribed line: Beginning at a point of the west line of 5th Avenue South distant 1 0.00 feet south of the southeast corner of Lot 2, said Block | ; thence east to a point on the east line of 5th Avenue South distant 10.00 feet south of the southwest corner of Lot 3, said Block 1 and there said line tenninates. EXHIBIT B Depiction of the Subject Street STREET VACATION EXIIIBIr FOR' HOPE PRESBYTERIAN CHURCH I l i e"'r:";r' ! 'Ut Atfitur soulu v^.raftcw tlfscrapl(],l tI.i an d s a'n4 tilb !r'ni efr d lh rs$ hh of @ t, sB ,, ift@s@r& r.ffir &!rt$i .<e6nt G n( r(o.s *! tu.d/ 'r@&i:@, &'r{1d. 5d $dn * ln. ffi*$C drlrikj rFr. Rchdcr ond &.*iola., tac. by the City Council of the City of 25th day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, Acting City Clerk Published in the Sun Current June 3, 2021 11424A4 this I I 1*_