TRANSITORY ORDINANCE NO. - 18.23

AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENTS IN THE 6500 BLOCK OF XERXES AVENUE SOUTH, RICHFIELD

The City of Richfield does ordain:

Section 1. The City of Richfield has received a petition for the vacation of a public street easement over certain lands in the City of Richfield, County of Hennepin, and State of Minnesota. For purposes of this Ordinance, the lands are designated as the "Southerly Vacation Parcel" and the "Northerly Vacation Parcel" (collectively, "Vacation Parcels"), which are each further described in the attached Exhibit A. The locations of the Vacation Parcels are depicted on the attached Exhibit B.

Sec. 2. The City Council has determined the petition for vacation to be adequate by Resolution No. 9330.

Sec. 3. The owner of the underlying fee title to the Vacation Parcels proposes to combine the Vacation Parcels with abutting land to the west.

Sec. 4. There is no public need for a street easement over the Southerly Vacation Parcel. A portion of the Northerly Vacation Parcel will be needed for use as a county highway, but Hennepin County has not yet determined the area that will be needed. The owner of the Vacation Parcels therefore has agreed to convey to Hennepin County a permanent street easement over that portion of the Northerly Vacation Parcel that Hennepin County determines to be necessary.

Sec. 5. There are existing water, sewer, gas, electric, telephone, and telecommunications utility lines located within portions of the Vacation Parcels, and there is a continuing public need for an easement for utility purposes over the Vacation Parcels.

Sec. 6. Upon the respective effective dates as provided in sections 7 and 8 below, the public street easements encumbering the Southerly Vacation Parcel and Northerly Vacation Parcel are vacated, reserving, however, to the public an easement for utility lines with right of entry to maintain, repair, replace, remove, or otherwise attend to said utility lines; provided that the utility shall promptly repair any damage resulting from such maintenance, repair, replacement, or removal.

Sec. 7. The vacation of the easement over the Southerly Vacation Parcel is effective 30 days following publication of this Ordinance.

Sec. 8. The vacation of the easement over the Northerly Vacation Parcel is effective upon the later of: (a) 30 days following publication of this Ordinance; or (b) the recording of an instrument by which the fee owner of the Northerly Vacation Parcel conveys a permanent street or highway easement to the County of Hennepin over a portion of the Northerly Vacation Parcel; provided that such instrument must specifically reference the document recording number assigned to the certificate required by section 10 of this Ordinance. This Ordinance is not intended to and will not affect the easement rights conveyed to the County of Hennepin by such instrument.

Sec. 9. This Ordinance is adopted contingent upon the vacation of the westerly half of Xerxes Avenue by the City of Edina. The City Clerk is directed not to publish this Ordinance until the Edina City Council has approved the vacation of the westerly half of Xerxes Avenue.

Sec. 10. 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. 2003-09)