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1998-21ABILL NO. 1998-21A TRANSITORY ORDINANCE NO. 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 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: 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 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. Sec. 4. The easement over the Vacated Area, as described in Section 1 of this ordinance, is hereby vacated. Sec. 5. The vacation will be effective 30 days following publication. Passed by the City Council of the City of Richfield, Minnesota this 13th day of September, 1999. ~~~ ~~ ~ Martin J. Kirscf~, -1Y11ayor ATTEST: l-~ - ~' ~- ~. Thomas P. Ferber, City Clerk On September 28, 1998 the City Council approved Bill 1998-21 Transitory Ordinance No. 17.85 a vacation of right-of-way along Lake Shore Drive for the Gramercy development. Hennepin County requested changes to the language of the transitory ordinance before it will record the vacation. The changes are as follows: • Eliminate the requirement that Gramercy own 6724 Lyndale Avenue before the vacation is effective. • Eliminate the requirement that a utility easement be recorded. Both of these items have been addressed since the original ordinance was approved, so they are no longer necessary conditions. Therefore on September 13, 1999 the City Council adopted an amendment to this transitory ordinance vacating right-of-way along Lake Shore Drive, adjacent to the Gramercy Park Cooperative. This amended transitory ordinance is being published and renumbered as Bill 1998-21A. [' STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) ~~ newspapers AFFIDAVIT OF PUBLICATION Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun-Current or the president's designated agent, and has full knowledge of the facts stated below: (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 22 day of September , 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999; 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: ,~'~ ,~ abcdefghijklmnopgrstuvw ,,,~ .:~~ ``/ ~ ~ ~ Publisher Subscribed and sworn to or affirrrr~ed' before me ~~ ~`;` on this ~ti^~ day of~ .~~ ~` ii, 1999. ~ ~ ~~ ~~ V 'i p t ~ i Notalry Publii; RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.55 per line $ 6.20 per line $ 1.30 per line f City of Richfield (Official Publication) BILL NO. 1998-21A TRANSITORY ORDINANCE NO. 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 llrive 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, Min- : ^esota, described as follows: ~, Beginning at the most westerly corner of said lot 19; thence southwesterly, along the extension of the north- ; westerly line of said Lot 19, a distance of 24.42 feet; thence southeasterly to the most southerly corner of said f.ot 22; thence northwesterly, along the southwesterly lines of said Lots 22, 21, 20 and 19, to the aforedescribed point of be- ', ginning, 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 o^ file in the office of the Regis- trar oPTitles, Hennepin County Minnesota, described as follows: Commencing at the most westerly corner o(' Lot 19, said Block 3; thence southwesterly along the extension of the northwesterly line of said Lot l9, a distance ofL4.42 foot; thence southeasterly to the most southerly corner oC Lot `2`L, said Block 3, said point being the point of beginning of the parcel to be described; thence easterly along a tangen- tial curve, concave to the north, radius 210.00 feet, central angle 3`L degrees 51 minutes 09 seconds a distance of 120.41 feet to Lhe intersection with.the southwesterly pro- duction of the easterly line of said Lot 23; thence north- easterly 32.63 feet to the southeasC corner of said Lot 23; I 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, re- pair or replace any utility facilities that may, be located , within the Vacated Area. I Sec. 4. The easement over the Vacated Area, as described I in Section 1 of this ordinance, is hereby vacated. i Sec. 5. The vacation will be effective 30 days following publication. Passed by the City Council of Lhe City of Richfield, Min- nesot9 this 13th day of September, 1999. Martin .). Kirsch, Mayor ATTEST: Thomas P Ferber, City Clerk On September 28, 1998 the City Council approved Bill': 1998-21 Transitory Ordinance No. 17.85 a vacation of! right-of--way along Lake Shore Drive: for Lhe Gramercy de- j velopment. Hennepin County requested changes to the language of the transitory ordinance before it will record the vacation. The changes are as follows: • Eliminate the requirement that Gramercy own GTL4 I Lyndale Avenue before the vacation is effective. • Eliminate the requirement that a utility easement be recorded. Both ofthese items have been addressed since the original ordinance was approved, so Chey are no longer necessary conditions. Therefore on September 13, 1999 the City Council adopt- ed an amendmenC to this transitory ordinance vacating right-of-way along Lake Shore llrivo, adjacent to the Gramercy Park Cooperative. This amended transitory or- dinance is being published and renumbered as Bill 1998- 21A. (September 22, 1999) D2/ Bill 1998-21A