1995-13 - REVISED
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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 ,`~
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Martin J. Kirsch, Mayor
ATTEST:
J., ~~
Thomas P. Ferber, City Clerk
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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
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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