TRANSITORY ORDINANCE NO. - 18.43

AN ORDINANCE VACATING RESERVED UTILITY EASEMENTS (CEDAR POINT COMMONS)

The City of Richfield does ordain:

Sec. 1. On June 27, 2006, the Richfield City Council adopted Transitory Ordinance No. 18.37, which vacated the public streets as described in the attached Exhibit A and as depicted in the attached Exhibit B (the "Vacated Area").

Sec. 2. Section 4 of Transitory Ordinance No. 18.37 reserved utility easements over the Vacated Area for existing utilities.

Sec. 3. The vacation of the street easements and the reservation of the utility easements is evidenced by Notices of Completion of Vacation Proceedings filed in the Office of the Hennepin County Recorder as Document Nos. 8879625, 8886147 and 8890374 and filed in the Office of the Hennepin County Registrar of Titles as Document No. 4317073, as corrected by Corrected Notice of Completion of Vacation Proceedings filed in the Office of the Hennepin County Recorder and in the Office of the Hennepin County Registrar of Titles.

Sec. 4. The utilities that were located within the Vacated Area have been relocated to other public or private easement areas, and there is no public need for the utility easements reserved in Transitory Ordinance No. 18.37 are no longer required.

Sec. 5. Upon the effective date as provided in Section 7 below, the utility easements encumbering the Vacated Area are vacated.

Sec. 6. The City of Richfield held the first reading on November 28, 2006, and held the second reading and public hearing on December 12, 2006.

Sec. 7. This Ordinance shall become effective 30 days after publication of the Ordinance.

Sec. 8. 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 and Hennepin County Recorder.

(Bill No. 2006-20)