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2010-02BILL NO. 2010-2 TRANSITORY ORDINANCE NO. 18.69 AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (MARKET DRIVE) 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 purposes ("Street Easement"): That part of Market Drive as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the north line of said Block 2, and its easterly extension thereof, and also which lies northerly of a line drawn parallel with and distant 10.00 feet northerly of the following described line: Commencing at the southwest corner of Lot 2, Block 1, THE SHOPS AT LYNDALE, according to the recorded plat thereof, Hennepin County, Minnesota; thence North 86 degrees 49 minutes 57 seconds East, assumed bearing along the south line of said Lot 2, 482.89 feet, to the point of beginning of said line to be hereinafter described; thence North 73 degrees 22 minutes 25 seconds East, 48.54 feet; thence easterly, 182.55 feet, along a tangential curve, concave to the south, having a radius of 576.26 feet and a central angle of 18 degrees 09 minutes 01 seconds, to the point of compound curvature; thence easterly, 49.20 feet, along a tangential curve, concave to the south, having a radius of 1628.50 feet and a central angle of 01 degrees 43 minutes 52 seconds, to the point of compound curvature; thence easterly, 57.15 feet, along a tangential curve, concave to the south, having a radius of 582.50 feet and a central angle of 05 degrees 37 minutes 17 seconds, to the southeasterly right-of-way line of said Market Drive as dedicated in said plat of STRAND'S SECOND ADDITION TO RICHFIELD, and said line there terminating. All in Hennepin County, Minnesota. Sec. 2: The Street Easement is not open to public travel and is not required for access to the abutting properties. Sec. 3: There are no City-owned public facilities are located in the Street Easement. Sec. 4: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are reported to be located in the Street Easement: Qwest fiber optic lines and conduit, Xcel Energy underground electric facilities. Sec. 5: The Council finds that there is not a public need for the Street Easement. Sec. 6. The City of Richfield held the first reading on April 13, 2010 and second reading on April 27, 2010. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 7: The Street Easement is vacated reserving, however, to the public an easement for underground utilities. Sec. 8: The vacation of the Street 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. 2010. Passed by the City Council of the City of Richfield, Minnesota this 27th day of April D bbie Goettel, Mayor ATTEST: Nancy Gibb City Clerk .~ ._ ~~ _ _ """, *'~"s~` newspapers AFFIDAVIT OF PUBLICATION 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 6 day of May 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of 2010; 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: City of Richfield (Official Publication) BILL N0.2010-2 TRANSITORY ORDINANCE NO. '18.69 AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (MARKET DRIVE) 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 purposes ("Street Easement'): That part of Market Drive as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, ac- cording to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the north line of said Block 2, and its easterly extension thereof, and also which lies northerly of a line drawn parallel with and distant 10.00 feet northerly of the following described line: Commencing at the southwest corner of Lot 2, Block 1, THE SHOPS AT LYNDALE, according to the recorded plat thereof, Hennepin County, Minnesota; thence North 86 degrees 49 minutes 57 seconds East, assumed bearing along the south line of said Lot 2, 482.89 feet, to the point of beginning of said line to be hereinafter described; thence North 73 degrees 22 minutes 25 seconds East, 48.54 feet; thence easterly, 182.55 feet, along a tangen- tial curve, concave to the south, having a radius of 576.26 feet and a central angle of 18 degrees 09 minutes 01 sec- onds, to the point of compound curvature; thence easter- ly, 48.20 feet, along a tangential curve, concave to the south, having a radius of 1628.50 feet and a central angle of 01 degrees 43 minutes 52 seconds, to the point of com- pound curvature; thence easterly, 57.15 feet, along a tan- gential curve, concave to the south, having a radius of 582.50 feet and a central angle of 05 degrees 37 minutes 17 seconds, to the southeasterly right-of-way line of said Market Drive as dedicated in said plat of STRAND'S SEC- OND ADDITION TO RICHFIELD, and said line there ter- minating. All in Hennepin County, Minnesota. Sec. 2: The Street Easement is not open to public travel and is not required for access to the abutting properties. Sec. 3: There are no City-owned public facilities are locat- ed in the Street Easement. Sec. 4: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are re- ported to be located in the Street Easement: Owest fiber optic lines and conduit, Xcel Energy underground electric facilities. a cdefghij mnopgrstuvwxyz Sec. 5: The Council finds that there is not a public need for the Street Easement. Sec. 6. The City of Richfield held the first reading on April 13, 2010 and second reading on April 27, 2010. Legal no- tice was published in the Ciry's official newspaper as re- 'Z.._-guired by ordinance. BY: Sec. 7: The Street Easement is vacated reserving, how- CF ever, to the public an easement for underground utilities. Sec. 8: The vacation of the Street Easement is effective 30 days following publication of the ordinance. Subscribed and sworn to or affirmed before me on this 6 day of May , 2010. U Notary Public 'sue ,fRlLIA I M~I.KENN NOTARY PU6<.IC • 1~11NNESOTA ''~ _,. t•Ay Comm. Expires Jnn. S1. 2015 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, Min- nesota this 27th day of April 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk (May 6,2010) D2 Transitory Ord. 18.69