TRANSITORY ORDINANCE NO. - 18.17

AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENTS (6300 Block between Colfax and Dupont Avenues South)

City of Richfield does ordain:

Section 1. The following described lands are subject to the easements as described below for alley right-of-way purposes ("Alley Area"):

That part of the north-south alley which abuts Lots 1, 2, 3, 11, 12 and 13, all in Block 4, Ray's Lynnhurst 2nd Addition, Hennepin County

Sec. 2. The City of Richfield has received a petition for the vacation of the alley easement over the Alley Area, and the City Council has determined the petition to be adequate by Resolution No. 9199.

Sec. 3. The Alley Area has not been opened to public travel and is not required for access to the abutting properties. Although there is a garage located on Lot 12, Block 4, RAY'S LYNNHURST 2ND ADDITION that could use the alley for access if it were improved, access to that garage is currently obtained over the adjacent Lot 11, Block 4, which is held in common ownership. The owner of Lots 11 and 12, Block 4, RAY'S LYNNHURST 2ND ADDITION has verbally indicated his consent to the vacation of the alley easement over the Alley Area.

Sec. 4. There are no City-owned water or sewer facilities located within the Alley Area. The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are reported to be located in the Alley Area: 1) Qwest has buried cable in the alley; 2) Time Warner Cable has an aerial line in the alley; and 3) Xcel Energy has east-west facilities running along the north and south portions of the proposed vacation.

Sec. 5. The Council finds that there is not a public need for an easement for public alley purposes over the Alley Area but that there is a continuing need for an easement for public utility purposes over the Alley Area.

Sec. 6. The alley easement over the Alley Area is vacated reserving, however, to the public an easement for public utility purposes over the entire Alley Area.

Sec. 7. The vacation of the Alley Area is effective 30 days following publication of this Ordinance. The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate.

(Bill No. 2002-21)