1995-03
BILL NO. 1995-3
TRANSITORY ORDINANCE NO. 17.60
AN ORDINANCE VACATION OF A PORTION OF OLD 77TH STREET
BETWEEN EMERSON AND COLFAX AVENUES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The following described land is subject to an easement for public street purposes
(the "Street Easement"), created by document dated October 19, 1953, filed December 2, 1953 in the
office of the Hennepin County Recorder as Document No. 2848415:
The North 30 feet of the North 255 feet of the West 320 feet of the South 1/2 of the Southeast
1/4 of the Southeast 1/4 of Section 33, Township 28, North Range 24, West of the 4th
Principal meridian, except the East 30 feet thereof and except the West 130 feet of the East
160 feet of the South 50 feet thereof, Hennepin County, Minnesota.
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Section 2. The fee owner of the Easement Area, CSM Investors, Inc., has petitioned for the
vacation of that part of the Street Easement which lies southerly of the following described line:
Commencing at the northeast corner of the north 255 feet of the west 320 feet of the South
1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 33, Township 28 North, Range 24
West, Hennepin County, Minnesota; thence South 89 degrees 53 minutes 31 seconds West,
assumed bearing, 30.00 feet along the north line thereof to the point of beginning of the line to
be described; thence South 00 degrees 04 minutes 44 seconds West 30.00 feet; thence
South 89 degrees 53 minutes 31 seconds West 189.19 feet; thence northwesterly 190.45 feet
on a nontangential curve to the right with a radius of 610.33 feet and a central angle of 17
degrees 52 minutes 44 seconds, and a chord bearing of North 81 degrees 00 minutes 28
seconds West, to a point on the north line of the north 240 feet of the East 1/2 of the
Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 33, and said described line
there terminating.
(referred to herein as the "Vacated Area").
Section 3. CSM Investors, Inc. has agreed to convey to the City a drainage and utility
easement over the entire area occupied by the Street Easement. The proposed vacation of the
Vacated Area therefore will not adversely affect the ability of the City or other utility to maintain,
repair, or replace any utility facilities that may be located within the area to be vacated.
Section 4. The Council finds that, upon recording of the replacement drainage and utility
easement to be conveyed by CSM Investors, Inc., there will no longer be a public need for a street
easement over the Vacated Area, as described in Section 2 of this Ordinance.
Section 5. The street easement over the Vacated Area, as described in Section 2 of this
Ordinance, is hereby vacated.
Passed by the City Council of the City of Richfield,
ATTEST:
c ~~~~~~~
Thomas P. Ferber, City Clerk
Minnesota this 27th day of March, 1995.
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Martin J. Kirsch:; Mayor
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TE OF MINNESOTA)
COUNTY OF HENNEPIN)
AFFIDAVIT OF PUBLICATION
SS.
Donald W . T h u r l o w ,being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Currents
are stated below.
has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and. other
applicable laws, as amended.
(B) The printed Bill N o . 19 9 5 - 3
which is attached was cut from the columns of said newspaper, and was printed and
ublished once each week, for one successive weeks; it was first published
Wednesday the 5 day of April , 19 9 5 ,and was
thereafter printed and published on every to
and including ,the day of , 19 ,
and printed below is a copy of the lower case alphabet 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:
abcdefghijklmnopgrstu
BY: `°~-..~~~~ ~',~~'~~`~~``1:~~~+° Pte"
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TITLE: PUbI fisher
Acknowledged before me on this
5 day of , ~ A pi~r-~ I ~ , 18 9 5
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`~', ~y~ a rS~ ; dC1TRR°(PUBIIC - Ni{PJIvESQ~'k
a t =: r ~;~ HEP~NEPIN Ci3UNTY
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RATE INFORMATION
owest classified rate paid by commercial users $ 1.90 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 1.90 per line
City of Richfield
(Official Publication)
BILL NO. 1995-3
TRANSITORY ORDINANCE NO. 17.60
AN ORDINANCE VACATION OF A PORTION
OF OLD 77TH STREET
BETWEEN EMERSON AND COLFAX AVENUES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The following described land is subject
to an easement for public street purposes (the "Street
Easement"), created by document dated October 19, 1953,
filed December 2, 1953 in the office of the Hennepin
County Recorder as Document No. 2848415:
The North 30 feet of the North 255 feet of the West 320
feet of the South 1/2 of the Southeast 1/4 of the
Southeast 1/4 of Section 33, Township 28, North Range
24, West of the 4th Principal meridian, except the East
30 feet thereof and except the West 130 feet of the East
160 feet of the South 50 feet thereof, Hennepin County,
Minnesota.
Section 2. The fee owner of the Easement Area,
CSM Investors, Inc., has petitioned for the vacation of that
part of the Street Easement which lies southerly of the fol-
lowing described line:
Commencing at the northeast corner of the north 255
feet of the west 320 feet of the South 1/2 of the
Southeast 1/4 of the Southeast 1/4 of Section 33,
Township 28 North, Range 24 West, Hennepin County,
Minnesota; thence South 89 degrees 53 minutes 31
seconds West, assumed bearing, 30.00 feet along the
north line thereof to the point of beginning of the line
to be described; thence South 00 degrees 04 minutes 44
seconds West 30.00 feet; thence South 89 degrees 53
minutes 31 seconds West 189.19 feet; thence north-
westerly 190.45 feet on a nontangential curve to the
right with a radius of 610.33 feet and a central angle of
17 degrees 52 minutes 44 seconds, and a chord bearing
of North 81 degrees 00 minutes 28 seconds West, to a
point on the north line of jhe north 240 feet of the East
1/2 of the Southeast 1f4 of the Southwest 114 of the
Southeast 1/4 of Section 33, and said described line
there terminating.
(referred to herein as the "Vacated Area").
Section 3. CSM Investors, Inc. has agreed to con-
vey to the City a drainage and utility easement over the
entire area occupied by the Street Easement. The proposed
vacation of the Vacated Area therefore will not adversely
affect the ability of the City or other utility to maintain,
repair, or replace. any utility facilities that may be located
within the area to be vacated.
Section 4. The Council finds that, upon recording
of the replacement drainage and utility easement to be
conveyed by CSM Investors, Inc., there will no longer be a
public need for a street easement over the Vacated Area,
as described in Section 2 of this Ordinance.
Section 5. The street easement over the Vacated
Area, as described in Section 2 of this Ordinance, is hereby
vacated.
Passed by the City Council of the City of Richfield,
Minnesota this 27th day of March, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
(April 5, 1995)-RICH
(3) Rate actually charged for the above matter $ 1.02 per line