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1998-21BILL NO. 1998-21 TRANSITORY ORDINANCE NO. 17.85 AN ORDINANCE VACATING STREET RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described Band is subject to an easement for public right-of-way purposes: That part of Lake Shore Drive adjoining and lying southerly of Lots 19, 20, 21 and 22, Block 3, Fairwood Shores, according to the recorded plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the most westerly corner of said lot 19; thence southwesterly, along the extension of the northwesterly line of said Lot 19, a distance of 24.42 feet; thence southeasterly to the most southerly corner of said Lot 22; thence northwesterly, along the southwesterly lines of said Lots 22, 21, 20 and 19, to the aforedescribed point of beginning, and there terminating. That part of Lake Shore Drive adjoining and lying southerly of Lot 23, Block 3, Fairwood Shores, according to the recorded plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Corrimencing at the most westerly corner of Lot 19, said Block 3; thence southwesterly along the extension of the northwesterly line of said Lot 19, a distance of 24.42 feet; thence southeasterly to the most southerly corner of Lot 22, said Block 3, said point being the point of beginning of the parcel to be described; thence easterly along a tangential curve, concave to the north, radius 210.00 feet, central angle 32 degrees 51 minutes 09 seconds a distance of 120.41 feet to the intersection with the southwesterly production of the easterly line of said Lot 23; thence northeasterly 32.63 feet to the southeast corner of said Lot 23; thence westerly along the south line of said Lot 23, to the point of beginning and there terminating. (refer to herein as the "Vacated Area") Sec. 2. The City of Richfield has initiated the vacation of the Vacated Area. Sec. 3. The Vacated Area is occupied by a water main. The City needs to continue to utilize the Vacated Area for the continued operation and maintenance of the water main. The proposed vacation of the Vacated Area therefore will not adversely affect the ability of the City to maintain, repair or replace any utility facilities that may be located within the Vacated Area. Bill No. 1998-21 -2- Sec. 4. The Council finds that, upon recording of a permanent utility easement, there will no longer be a public need for aright-of-way easement over the Vacated Area. Sec. 5. The easement over the Vacated Area, as described in Section 1 of this ordinance, is hereby vacated, reserving, however, a utility easement. Sec. 6. The vacation will be effective 30 days following publication or at such time as Gramercy Corporation holds title to properties at 710 Lake Shore Drive and 6724 Lyndale Avenue that are adjacent to the Vacated Area, whichever date is later. Passed by the City Council of the City of Richfield, Minnesota this 28th day of September, 1998. r f f , ~' ~, ~r , Martin J. Kirsch; Mayor ATTEST: ~,; ~~ ~~~~~ u~ G~~l"~~c..c_-,_~ Thomas P. Ferber, City Clerk i1 ~l STATE OF MINNESOTA) PUBLICATIONS Sun Current • Sun Sailor • Sun Post AFFIDAVIT OF PUBLICATION MINNESOTA SUN SS. COUNTY OF HENNEPIN) John Coots, being duly sworn on an oath states or affirms, that he is the president of the newspaper known as Sun-Current agent, and has full knowledge of the facts stated below: or the president's designated (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 7th day of October , 1998, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1998; 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: abcdefghijklmnopgrstuvwxyz BY: President Subscribed and sworn to or affirm~d before me on this 7th day of October ~ , 1 ggg, .~, ~~, Not~ry Public ; City of Richfield (Official Publication) BILL NO. 1998-21 TRANSITORY ORDINANCE NO. 17.55 AN ORDINANCE VACATING STREET RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land is subject to an easement for public right-of--way purposes: That part of Lake Shore Drive adjoining and lying southerly of Lots 19, 20, 21 and 22, Block 3, Fairwood Shores, according Co the recorded plat thereof on File in the : office of the Registrar of Titles, Hennepin County, Min- nesota, described as follows: Beginning at the most westerly corner of said Lot 19; Chence southwesterly, along the extension ofthe north- westerly line of said Lot 19, a distance of 24.42 feet; thence southeasterly to the most southerly corner of said Lot 22; thence northwesterly, along the south- westerly lines of said Lots 22, 21, LO and 19, to the aforedescribed point of beginning, and there Germinat- ing. That part of Lake Shore Drive adjoining and lying southerly of Lot 23, Block 3, Fairwood Shores, according to the recorded plat thereof on file in the office of the Regis- Crar of Titles, Hennepin County, Minnesota, described as follows: Commencing at the most westerly corner of Lot 19, said Block 3; thence southwesterly along the extension of the northwesterly line of said Lot 19, a distance of 'L4.42 feet; thence southeasterly to the most southerly corner of Lotl2, scud Block 3, said point being the point of beginning of the parcel to be described; thence east- erly along a tangential curve, concave to the north, ra- dius 2].0.00 feet, central angle 32 degrees G1 minutes 09 seconds a distance of 120.41 feet Co the intersection with the southwesterly production of the easterly line of said Lot 23 thence northeasterly 32.63 feet to the southeast comer of said Lot 23; thence westerly along the south line of said Lot 23, to the point of beginning and there terminating. (refer to herein as the "Vacated Area") Sec. 2. The City of Richfield has initiated the vacation of the Vacated Area. Sec. 3. The Vacated Area is occupied by a water main. The City needs to continue to utilize the Vacated Area for the continued operation and maintenance of the water main. The proposed vacation of the Vacated Area therefore will not adversely affect Che ability of the City to maintain, repair or replace any utility facilities that may be located within the Vacated Area. Sea 4. The Council finds that, upon recording of a per- manent utility easement, there will no longer be a public need for aright-of--way easement over the Vacated Area. Sec. 5. The easement over the Vacated Area, as de- scribed inSection 1 o('this ordinance, is hereby vacated, re- serving, however, a utility easement. Sec. 6. The vacation will be effective 30 days following publication or at such time as Gramercy Corporation holds title to properties at 710 Lake Shore Drive and 6724 Lyn- dale Avenue that are adjacent to the Vacated Area, whichever date is later Passed by the City Council ofthe City of Richfield, Min- nesota this 28th day of September, 1998. RATE INFORMATION (1) Lowest classi#ied rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.55 Der line. $ 6.20 per line- $ _ 1.24 erg line. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk (Oct: 7, 1998) D2/Cty Rchfld Bill #1998-21