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2000-21BILL NO. 2000-21 TRANSITORY ORDINANCE NO. 18.00 AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENTS (Portions of Logan, Morgan, Newton, and Oliver Avenues, 77th Street West, 78th Street, and utility easements) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for street, roadway or public right-of-way purposes ("Street Easements"): That part of Oliver Avenue South lying south of the southerly right of way fine of 76th Street, as dedicated in the plat of JACOBSEN AND QUIST THIRD ADDITION and as dedicated in the plat of MCHARDY'S ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document No. 3649300. That part of Newton Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of MCHARDY'S ADDITION and as dedicated in the plat of ROBERT WEBER'S FIRST ADDITION, Hennepin County, Minnesota and as created by statutory user and Document No. 2444987. That part of West 77th Street lying between the easterly right of way line of Penn Avenue South and the westerly right of way line of Knox Avenue South, as dedicated in the plat of JACOBSEN AND QUIST THIRD ADDITION and as dedicated in the plat of MCHARDY'S ADDITION, and as dedicated in the plat of ROBERT WEBER'S FIRST ADDITION, and as dedicated in the plat of JUNGELL AND JOHNSEN'S FIRST ADDITION, and as dedicated in the plat of A.N. TACK'S FIRST ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document Nos. 3186043, 468886, 2956722, 2956724, 2956726, 633329, 3186038, 2967023, 3267645, 3467745, 3308048 and 2444987 and as referenced in Document No. 712251. That part of Morgan Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of JUNGELL AND JOHNSEN'S FIRST ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document Nos. 2956726, 3186041, 3186045, 3186042 and 603584, and 3577592, and instrument 3128632 filed at Page 626 of Book 2174 of Deeds, and as referenced in Document Nos. 647199 and 839290. That part of Logan Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of A.N. TACK'S FIRST ADDITION, Hennepin County, Minnesota and as created by statutory user and Document Nos. 3194118, 3186043, 3267645 and 2956722, and as referenced in Book 2471 of Deeds at Page 79 as Document No. 3513383 and in Document No. 4758025. That part of the Southwest Quarter (SW "/4) of the Southwest Quarter (SW "/4) of Section Thirty Three (33), Township Twenty Eight (28), Range Twenty Four (24) West, 4th Principal Meridian, lying southwesterly of the following described Line 1: Beginning at a point on a line run parallel with and distant 656 feet east of the west line of said Section 33, distant 120 feet north of the south line of said Section 33; thence run northwesterly to a point on the west line of said Section 33, distant 355 feet north of the southwest corner thereof and terminating. And lying northerly of a line run parallel with and distant 180 feet northerly the following described Line 2: From a point on the southwest corner of said Section 33, run easterly at an angle of 89 degrees 46 minutes 00 seconds from the west line of said Section 33 (measured from north to east) for 1359.14 feet to the point of beginning of Line 2 to be described; thence run westerly on the last described course for 89.23 feet; thence deflect to the right on a 00 degree 30 minutes 00 second curve (delta angle 04 degrees 39 minutes 00 seconds) for 930 feet; thence on tangent to said curve for 77.19 feet; thence deflect to the left on a 01 degree 00 minute 00 second curve (delta angle 07 degrees 31 minutes 48 seconds) for 753 feet and there terminating. And lying easterly of the following described Line 3: Beginning at a point on the west line of said Section 33, distant 501.24 feet north of the southwest corner thereof; thence run easterly at an angle of 91 degrees 30 minutes 00 seconds from said west section line (measured from south to east) for 125.65 feet; thence deflect to the right on a curve having a radius of 53 feet (delta angle 91 degrees 30 minutes 00 seconds) for 84.64 feet; thence on a tangent to said curve to an intersection with Line 1 described above; then run southerly to a point distant 165 feet northerly (measured at right angles) to a point on Line 2 described above distant 656.32 feet easterly of its point of termination and there terminating. said lines forming a triangle with dimensions of 226.47 feet along Line 1 and 216.21 feet along Line 2 and 59.91 feet along Line 3. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. That part of the Southwest Quarter (SW'/4) of the Southwest Quarter (SW'/4) of Section Thirty Three (33), Township Twenty Eight (28), Range Twenty Four (24) West, 4th Principal Meridian, lying Southerly, Southwesterly and Westerly of the following described Line A: From a point on the west line of said Section 33, distant 535.26 feet north of the southwest corner thereof; thence run easterly at an angle of 88 degrees 30 minutes with said west section line (measured from north to east) for 33.01 feet to the point of beginning of the line to be described; thence continue easterly on the last above described course for 117.43 feet; thence deflect to the right on a curve having a radius of 62 feet (delta angle 91 degrees 30 minutes) for 99.01 feet; thence on tangent to said curve for 210 feet and there terminating. And which lines Northerly, Northeasterly and Easterly of the following described Line B: Beginning at the southwest corner of said Section 33; thence northerly along the west line of said Section 33 a distance of 501.24 feet, to the point of beginning of the line to be described; thence easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.66 feet; thence southeasterly along the tangential curve, concave to the southwest, radius 53 feet, delta angle 91 degrees, 30 minutes, a distance of 84.64 feet; thence southerly along the tangent of said curve a distance of 180 feet, more or less, to the northeasterly right of way line of said Trunk Highway No. 494 as defined by Document No. 3419310 and there terminating. and which lies Southwesterly of the following described Line C: Beginning at a point on a line run parallel with and 33 feet easterly from the west line of said Section 33, distant 31.37 feet northerly of its intersection with the above described Line A; thence run southeasterly to a point on the above described Line A distant 31.37 feet easterly of said intersection and there terminating. and which lines Northwesterly of the following described line D: Beginning at a point on a line drawn parallel with and 33 feet easterly from the west line of said Section 33 distant 30 feet southerly from the point of intersection of said parallel line with Line B; thence northeasterly to a point on Line B distant 30 feet easterly from the point of intersection of said parallel line and Line B. All according to the United Sates Government Survey thereof, and situate in Hennepin County, Minnesota. Pathway easement per Doc. No. 1999707 Sec. 2: The following described land is subject to easements for public utility purposes ("Utility Easements"): All utility easements as dedicated on the plat of "JACOBSEN AND QUIST, THIRD ADDITION" All drainage and utility easements as dedicated on the plat of "ROBERT WEBER'S FIRST ADDITION" All drainage and utility easements as dedicated on the plat of "JUNGELL AND JOHNSEN'S FIRST ADDITION" All drainage and utility easements as dedicated on the plat of "A.N. TACK'S FIRST ADDITION," all according to the recorded plats thereof, Hennepin County, Minnesota Sanitary sewer easement per Doc. No. 2956725 (West 77th Street) Storm sewer easement per Doc. No. 3236317 (Logan Avenue extended) Sewer or Road and highway easement per Doc. No. 3186041. Utility easement per Doc. No. 3649300. Sec. 3: Document No. 5106079 creates certain private easements for ingress, egress, light and air. Pursuant to the provisions of said document, the City of Richfield hereby consents to the termination of the private easements for ingress, egress, light and air created by Doc. No. 5106079. Sec. 4: The City of Richfield has initiated the vacation of the Street Easements and Utility Easements. Sec. 5: The proposed vacation of the Street Easements and Utility Easements 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. The City of Bloomington has water lines located over that portion of Oliver Avenue located between the southerly right-of-way lines of 76th and 77th Streets and that portion of Logan Avenue located between the southerly right-of-way lines of 76th and 77th Streets and that portion of 77th Street located between Logan and Knox Avenues ("Water Line Area")and there is a continuing need for use of these water lines. Sec. 7: The Council finds that, at such time that Best Buy Corporation has control over all property adjacent to the Street Easements and Utility Easements, there will no longer be a public need for the Street Easements or for the Utility Easements provided that utility easements are reserved for the Water Line Area, Sec. 8: The Street Easements described in Section 1 of this Ordinance are hereby vacated reserving however to the City a utility and drainage easement as provided in section 9 of this ordinance. The City does not intend to vacate those portions of the street easements created by Document Nos. 3186041, 3186045, 3186043 which are within the right of way of 76th Street West. Sec. 9. The City reserves a utility and drainage easement over the Water Line Area, subject to termination as provided by this section 9. The utility and drainage easement shall terminate automatically upon recording in the Hennepin County land records of certificate executed by the City of Bloomington city engineer. The certificate must reference this (transitory) ordinance no. 18.00 and must attest that the easement reserved herein is terminated. Sec. 10: The Utility Easements, as described in Section 2 of this Ordinance, are hereby vacated. Sec. 11: The vacation will be effective 30 days following publication. The City Clerk is directed not to publish this ordinance until Best Buy Corporation has produced evidence satisfactory to the City Attorney that Best Buy Corporation owns all of the properties adjacent to the Street Easements and Utility Easements. Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 2000. t ~ f` Martin J. Ki~s~ ,Mayor ATTEST: Deborah J. Guiher, Deputy City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. v ~ 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. Stet. §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 13 day of June , 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2001; 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 ~/ /'~~.~~ Pub Sher .. Subscribed and swot on this i,~ day of N affirmed before me ~~f~i~E4 ~. F'l~i~~t.~ivi _ic -.~:q ?'~js~~. MY COMMiIS$IONt SPIRES 891 2005 ..'+i. n RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.85 per line $ 6.20 per line $ 1.40 per line City of Richfield (Official Publication) BILL N0.2000-21 TRANSITORY ORDINANCE NO. 18.00 AN ORDINANCE VACATING PUBLIC RIGHT-O~- WAY AND PUBLIC UTILITY EASEMENTS (Portions of Logan, Morgan, Newton, and Oliver Avenues, 77th Street West, 78th Street, and utility easements) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements'as described below for street, roadway or pub- lic right-of--way purposes ("Street Easements"): That part of Oliver Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of JACOBSEN AND QUIST THIRD ADDITION and as dedicated in the plat of MCHARDY'S ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document No. 3649300. That part, of Newton Avenue South lying south of the southerly right of way liae of 76th Street, as dedicated in the plat of MCIIARDY'S ADDITION and as dedicated in the plat of ROP,ERT WEBER'S FIRST ADDITION, Hen- nepin County, Minnesota and as created by statutory user and Document No. 2444957. That part; of West 77t:h Streca lying between the easterly righi: of way line of Penn Avenue South and the westerly right of way lin e of Knox AveiS ue So uth, as dedicated in the plat of JACOBSEN A'ND QUIST TI3IRD ADDITION and as dedicated in the plat of MCIIARDY'S ADDITION, and as dedicated in the plat of ROL'ER'f WEBER'S I'1RST AD- DITION, and as dedicated in the plat of JCTNGELL AND JOHNSEN'S FIRST ADDITION, and as dedicated in the plat of A.N. TACK'S I~'IR51' ADDITION, Hennepin Coun- ty, Minnesota, and as created by statutory user and Docu- ment Nos. 3186043,.468886, 2956722, 29567`24, 29.56726, 633329, 3186038, 2967023, 3267645, 3467745, 3305048 and 2444987 and as referenced in Docwnent No. 712257.. That part of Morgan Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of JUNGELL AND JOHNSEN'S FIRST ADDI- TION, Hennepin County, Minnesota, and as created by statutory user and Document Nos. 2956726, 3186041, 3186045, 3186042 and 603584, and 3577592, and instru- ment 3125632 Fled at Page 626 of Book 2174 of Deeds, and as referenced in Document Nos. 647199 and 839290.. That part of Logan Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of A.N. TACK'S FIRST ADDITION, Hennepin County, Minnesota and as created by statutory user and Document Nos. 3194115, 3186043, 3267645 and 2956722, and as referenced in Book 2471 of Deeds at Page 79 as Doc- ument No. 3513353 and in Document No. 4758025. That part of the Southwest Quarter (SW U4) of the South- west Quarter (SW 1/4) of Section Thirty Three (33), Town- ship Twenty Eight (28), Range Twenty Four (24) West, 4th Principal Meridian, lying southwesterly of the following described Line 1: Beginning at a point on a line run parallel with and dis- tant 656 feet east of the west line of said Section 33, dis- tant 120 feet north of the south line of said Section 33; thence run northwesterly to a point on the west line of said Section 33, distant 355 feet north of the southwest corner thereof and terminating. And lying northerly of a line run parallel with and distant 180 feet northerly the following described Line 2: From a point on the southwest corner of ~1sd Section 33, run easterly at an angle of 89 degrees 46 minutes 00 sec- onds from the west line ofsaid Section :33 (measured from norih t;o east) for 1359.14 feet to the point of beginning of Line 2 to he described; tl:ooce run westerly on the lust de- scribed course for 89.23 feet; thence deflect to the righC on a 00 degree 30 minutes (f0 second curve (delta angle U4 de- grees 39 minutes 00 seconds) for 930 feet; thence ou tan- gent to said curve for 77.19 feet; thence deflect to the left on a Ol degree 00 minute 00 second curve (delta anglo 07 degrees 3l. minutes 48 seconds) for 753 feet and there ter- minating. And lying easterly of the following described Line 3: Beginning at a point on the west line of said Section 33, distant 501.24 feeC north of the southwest corner thereof; thence run easterly at an angle of 91 degrees :30 minutes 00 seconds from said west section line (measured from south to east) for 125.65 feet; thence deflect to the right on a curve having a radius of 53 feet (delta angle 91 degrees 30 minutes 00 seconds) for 84.64 feet; thence pn a tangent to said curve to an intersection with Line 1 described above; then run southerly to a point distant 165 feet northerly (measured at right angles) to a point on Line 2 ' described above distant 656.32 feet easterly of its point of termination and there terminating. said lines forming a triangle with dimensions of 226.47 feet along Line 1 and 21.6.21 feet along Line 2 and 59.91 feet along Line 3. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. That part of the Southwest Quarter (SW 1/4) of the South- ..,o~rn„~.ro.recx~iin~,.ee,.,..:,...mH:....mi,..e,.szvi T,....... Beginning at the southwest corner of said Section 3 thence northerly along the west line of said Section 33 distance of 501.24 feet, to the point of beginning of the lin to be described; thence easterly deflecting to the right a an angle of 88 degrees, 30 minutes, a distance of 125.6 feet; thence southeasterly along the tangential curve, coi cave to the southwest, radius 53 feet, delta angle 91 di grees, 30 minutes, a distance of 84.fi4 feet; thence souther ly along the tangent of said curve a distance of 180 fee more or less, to the northeasterly right of way line of sai Trunk Highway No. 494 as defined by Document Ns 3419310 and there terminating. and which lies Southwesterly of the following describe Line C: Beginning at a point on a line run parallel with and 33 fee easterly from. the west line ofsaid Section 33, distant 31.3' Feet northerly of its intersection with the above describe Line A; thence run southeasterly to a point on the abov described Line A distant 31.37 feet easterly of said inter section and there terminating. and. which lines Northwesterly of the following describes line D: Beginning at a point on a line drawn parallel with and 3; feet easterly from the west line. ofsaid Section 33 distan' 30 feet southerly from the point of intersection ofsaid par allel ]ine with Line B; Uhence northeasterly to a point or Liue B distant 30 feet easterly from the point of ietersec lion of said parallel line and Line B. ll. accm:ding to the iJnited Sntcs Government: Survcry thereof, and situate in Hennephr County, Nlinnesota. Pathway easement per Doc. No. 1999707 Sec. 2: The following described land is subject to easements for public utility purposes ("Unlit;,' Easements"): All utility easements as dedicated on the plat of "JACOB- 519NAND QUIST, THIRD ADDITION" tUl drainage and utility easements as dedicated on the plat of"'ILOBERT WEBER'S FIRST ADDITION" All drainage and utility easements as dedicated on the plat of "JUNGELL AND JOHNSEN'S FIRST ADDITION" All drainage and utility easements as dedicated on the plat of. "A.N. TACK'S FIRST ADDITION," all according to the recorded plats thereof, Hennepin County, Minnesota Sanitary sewer easement per Doc. No. 2956725 (West 77th Street) Storm sewer easement per Doc. No. 3236317 (Logan Av- enueextended) Sewer or Road and highway easement per Doc. No. 3186041. Utility easement per Doc. No. 3649300. Sec. 3: Document No. 5106079 creates certain private easements for ingress, egress, light and air. Pursuant to the provisions of said document, the City of Richfield here- byconsents to the termination of the private easements for ingress, egress, light and air created by Doc. No. 5106079. Sec. 4: The City of Richfield has initiated the vacation of the Street Easements and Utility Easements. Sec. 5: The proposed vacation of the Street Easements and Utility Easements 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. The City of Bloomington has water lines located over that portion of Oliver Avenue Located between the southerly right-of-way lines of 7(3th and 77th Streets and Chat pornmr o('Logan Avenue locut~~d between the souther- ly right-of-way lines of 76t:h and 77nz Streets and that por- tion of 77f.h Street located betwoon Logan and Knox Av- enues ("Water Line!livs" '1 and (Here is a continuing need for use of those water lines. Sec. 7: The Council finds that, at such Dime that Best Buy Corporation has control over all property adjacent to the Street Easements and Utility Easements, there will no longer be a public need for the Street Easements or for the Utility Easements provided that utility easements are re- served for the Water Line Area. Sec. S: The Street Easements described. in Section 1 of this Ordinance are hereby vacated reserving however to the City a utility and drainage easement as provided in sec- tion 9 of this ordinance. The City does not intend to vacate those portions of the street easements created by Docu- ment Nos. 3186041, 3186045, 3156043 which are within the right of way of 76th Street West. Sec. 9. The City reserves a utility and drainage easement over the Water Line Area, subject to termination as pro- vided bythis section 9. The utility and drainage easement shall terminate automatically upon recording in the Hen- nepin County land records of certificate executed by the City of Bloomington city engineer. The certificate must reference this (transitory) ordinance no. 18.00 and must attest that the easement reserved herein is terminated. Sec. 10: The Utility Easements, as described in Section 2 of this Ordinance, are hereby vacated.