1970-4490r-, ~.
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RESOLUTION NO. 4490
RESOLUTION AUTHORIZING QUIT CLAIM DEED TO
RELINQUISH STORM SEWER EASEMENT
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota,
as follows:
1 . The City Council makes the following determinations of fact:
(a) On or about April 16, 1951, the Village of Richfield, predecessor
of the City of Richfield, received a quit claim deed from Leon H~ Norby
and Mary A. Norby, husband and wife, conveying a perpetual right,
privilege and easement to construct and maintain a storm sewer under and
across the 1V~orth i of Lot 1, Block 2, Richfield Center. Such instrument
was dated April 16, 1951, and was filed of record in the office of the
Register of Deeds on April 23, 1951, Book 1886 of Deeds, page 629, as
Document No. 2689691.
(b) Such easement has never been used as the location for a municipal
storm sewer of the City of Richfield or its predecessor, the Village of
Richfield. Instead, on or about May 14, 1956, it was determined to
construct a storm sewer in the area immediately north of said Lot 1 ,
Block 2, Richfield Center, in vacated street right-of-way, On May 14,
1956, the Village Council of the Village of Richfield, by Resolution No.
1109 , determined that the aforementioned easement over the North i of
Lot 1, Block 2 , Richfield Center, was not needed for storm sewer purposes .
(c) On or about May 31, 1956, a new easement was obtained from Leon
Ho Norby and Mary A. Norby, conveying to the Village of Richfield a
perpetual right, privilege and easement for the construction, operation,
maintenance and repair of a storm sewer under and across the Northerly
11 feet of the Southerly 41 feet of the area included within the following
described boundary line: Commencing at the Northeast corner of Lot 1,
Block 2 , Richfield Center; thence Northerly in a straight line to the South-
east corner of Lot 8, Block 1, of said Richfield Center addition; thence
Westerly along the Southerly line of said Lot 8 to the Southwest corner
thereof; thence'Southerly in a straight line to the Northwest corner of said
Lot 1; thence Easterly along the Northerly line of said Lot 1 to the point of
beginning. Such easement was filed of record on August 16 , 1956 , In
Book 2099 of Deeds, Page 581 , as Document No. 3023933.
(d) Subsequent tq obtaining the aforementioned easement of May 31, 1956 ,
the Village of Richfield constructed a storm sewer in the area of such
easement
2 ~ The aforementioned easement of April 16, 1951 , has never been used for
storm sewer purpose:; and is no longer needed for the purpose for which it was
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originally acquLrede
3 , The Mayor and Manager • r e hereby authorized and directed to execute.
a quit claim deed or deeds to she present owners of record of the 1Vorth z
of Lot 1, Block 2 , Richfield Center, without consideration, as to the afore®
mentioned easement of April 16, 19510
Passed by the City Council of the City of Richfield this 28th day of.
December, 1970 a
Stanley W o ®lson Mayor
Attest:
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Thomas ja M4~`• n City Clerk