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1995-13 - REVISED l [1 ~ ~ ~ ~ dr ~ /r1. ~3~ ~'~.= l ~.~~-~ ,1 (~ ~, tom( ~`- e: j ~_~ (~ BILL NO. 1995-13 TRANSITORY ORDINANCE NO. 17.62 AN ORDINANCE VACATING PORTIONS OF ALDRICH AVENUE, COLFAX AVENUE, AND WEST 77-1/2 STREET THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following streets have been dedicated to the public for street right-of--way purposes: West 77-1 /2 Street, as dedicated in the plats of STRAND-BOWEN SECOND ADDITION, STRAND-BOWEN ADDITION TO RICHFIELD, and STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Colfax Avenue, as dedicated in the plat of STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota. Aldrich Avenue, as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota. Sec. 2. The following land is subject to an easement for public right-of-way purposes: ' The East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24 Hennepin County, Minnesota. The described area is generally known as the westerly half of Colfax Avenue, between 77th Street West and 78th Street West. Sec. 3. CSM Investors, Inc. is the fee owner of the properties that abut the streets to be vacated, with the exception of Lot 5, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD. Sec. 4. CSM Investors, Inc. has petitioned for the vacation of the following portions of West 77-1 /2 Street, Colfax Avenue, and Aldrich Avenue: All of Colfax Avenue as dedicated in the plat of STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota, which lies south of the westerly extension of the north line of Lot 11, Block 1 in said plat and which lies north of the westerly extension of the south line of Lot 11, Block 2 in said plat; and Alf of Aldrich Avenue as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD; Hennepin County, Minnesota, which lies south of the easterly extension of the north line of Lot 1, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD and which lies north of the easterly extension of the south line of Lot 1, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD; AND Bill No. 1995-13 -2- All of West 77-1/2 Street as dedicated in the plats of STRAND-BOWEN SECOND ADDITION and STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota; and The southerly one-half of West 77-1/2 Street as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota; and The northerly one-half of West 77-112 Street as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota, which lies westerly of the southerly extension of the east line of Lot 6, Block 1, in said Addition; and The East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. (referred to herein as the "Vacated Area") Sec. 5. CSM Investors, Inc. has agreed to convey to the City a permanent drainage and utility easement over portions of the Vacated Area, as the City determines to be necessary for the continued maintenance and operation of existing public utility facilities. 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. Sec. 6. CSM Investors, Inc. has agreed to covey to the City a temporary right-of- way easement over a portion of the Vacated Area, which will permit the City to continue to use and maintain the existing street improvements adjacent to Block 1 in STRAND'S SECOND ADDITION TO RICHFIELD. The easement will continue in effect until such time, if ever, as the northerly half of West 77-1/2 Street, as dedicated in STRAND'S SECOND ADDITION TO RICHFIELD, is vacated. Sec. 7. The Council finds that, upon recording of the permanent drainage and utility easement and the temporary right-of-way 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 4 of this Ordinance. Sec. 8. The street easement over the Vacated Area, as described in Section 4 of this Ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this 28th,day of August, 1995. ; 3 ~ ~ , ` t ,`~ ~ v~ .' '} Martin J. Kirsch, Mayor ATTEST: J., ~~ Thomas P. Ferber, City Clerk 0 Y 1 ~MSIJN SLrrCurrvnt S~arPOq strrnsYlor STATE OF MINNESOTA) SS. COUNTY OF NENNEPlN) AFFIDAVIT OF PUBLICATION Denis L . M i n d a k ,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 -Current ,and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B} The printed Bill N o . 19 95 -13 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e on Wednesday ,the 18 day of successive weeks; it was first published September , 1 g 9 6 ,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: City of Richfield (O~cial Publication) BII.L NO.1995-13 TRANSPfORY ORDINANCE NO. 17.62 AN ORDINANCE VACATING PORTIONS OF ALDRICH AVENUE, COLFAX AVENUE, AND WEST 77-1/2 STREET THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following streets have been dedicated to the public for street right-of--way purposes: West 77-1/2 Street, as dedicated in the plats of STRAND-BOWEN SECOND ADDITION, STRAND- BOWEN ADDITION TO RICHFIELD, and STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota. Colfax Avenue, as dedicated in the plat of STRAND- BOWEN SECOND ADDITION, Hennepin County, Min- nesota. Aldrich Avenue, as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Sec. 2. The following land is subject to an easement for public right-of--way purposes: The East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24 ,Hennepin County, Minnesota. The described area is generally known as the westerly half of Colfax Avenue, between 77th Street West and 78th Street West. Sec. 3. CSM Investors, Inc. is the fee owner of the prop- erties that abut the streets to be vacated, with the excep- tion of i.ot 5, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD. Sec. 4. CSM Investors, Inc. has petitioned for the va- cation of the following portions of West 77-1/2 Street, Col- fax Avenue, and Aldrich Avenue: All of Colfax Avenue as dedicated in the plat of STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota, which lies south ofthe westerly ex- tension of the north line of Lot 11, Block 1 in said plat and which lies north of the westerly extension of the south line of Lot 11, Block 2 in said plat; and All of Aldrich Avenue as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota, which lies south of the easterly extension of the north line of Lot 1, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD and which lies north of the easterly extension of the south line of Lot 1, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD; AND abcdefghijklmnopgrstuvwxyz .~- ~.. Y T~T~ ~• Pub I fisher Acknowledged before me on this 18 day of September , 1996 . Public L. RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.15 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 5.95 per line (3) Rate actually charged for the above matter $ 1.09 per line All of West 77-ll2 Street as dedicated in the plats of STRAND-BOWEN SECOND ADDITION and STRAND-BOWEN ADDITION TO RICHFIELD, Hen- nepin County, Minnesota; and The southerly one-half of West 77-1/2 Street as dedi- cated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota; and The northerly one-half of West 77-1/2 Street as dedi- cated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota, which lies westerly of the southerly extension of the east line of Lot 6, Block 1, in said Addition; and The East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. (referred to herein as the "Vacated Area") Sec. 5. CSM Investors, Inc. has agreed to convey to the City a permanent drainage and utility easement over por- tions of the Vacated Area, as the City determines to be nec- essary for the continued maintenance and operation of ex- istingpublic utility facilities. The proposed vacation of the Vacated Area therefore will not adversely affect the abili- ty of the City or other utility to maintain, repair or replace any utility facilities that may be located within the area to be vacated. Sec. 6. CSM Investors, Inc. has agreed to convey to the City a temporary right-of--way easement over a portion of the Vacated Area, which will permit the City to continue to use and maintain the existing street improvements adja- cent to Block 1 in STRAND'S SECOND ADDITION TO RICHFIELD. The easement will continue in effect until such time, if ever, as the northerly half of West 77-J2 Street, as dedicated in STRAND'S SECOND ADDITION TO RICHFIELD, is vacated. Sec. 7. The Council finds that, upon recording of the permanent drainage and utility easement and the tempo- rary right-of--way easement to be conveyed by CSM In- vestors, Inc. there will no longer be a public need for a street easement over the Vacated Area, as described in Sec- tion 4 of this Ordinance. Sec. 8. The street easement over the Vacated Area, as described in Section 4 of this Ordinance, is hereby vacat- ed. Passed by the City Council of the City of Richfield, Minnesota this 28th day of August, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk (Sept. 18, 1996)D2Bi11 1995-13