TRANSITORY ORDINANCE NO. - 18.49

AN ORDINANCE VACATING AN ALLEY EASEMENT

The City of Richfield does ordain:

Section 1. The following described land is subject to an easement for public alley purposes:

Alley directly adjacent to Lot 9, Block 4, Nokomis Gardens Rearrangement of Block 1-5 Girard Parkview, Richfield, Minnesota.

Sec. 2. The City Council has determined the petition for vacation to be adequate by Resolution No. 9950.

Sec. 3. There is no public need for an alley easement over that portion of land, as described in section 1.

Sec. 4. There are existing utility lines within a portion of the land described in section 1, and there is a continuing need for an easement for utility purposes.

Sec. 5. The vacation shall be subject to a drainage and utility easement five (5) feet in width on either side of the center line of the alley, as described in section 1, with the exception of the area described in section 6.

Sec. 6. The vacation shall be subject to a drainage and utility easement of five (5) feet in width south of the center line of the alley and two (2) feet in width north of the center line of the alley from the point of the water service line connection to the water main, located 56 feet, four (4) inches from the front property line, extending to the west property line of Lot 9, Block 4, Nokomis Gardens Rearrangement of Block 1-5 Girard Parkview.

Sec. 7. Upon the effective date as provided in section 8 below, the alley easement over that portion of land, as described in section 1 of this Ordinance is vacated, reserving, however, to the public an easement for drainage and utilities with right of entry to maintain, repair, replace, remove, or otherwise attend to said drainage and utilities; provided that the utility shall promptly repair any damage resulting from such maintenance, repair, replacement, or removal.

Sec. 8. The vacation of the alley easement is effective 30 days following publication of the Ordinance.

Sec. 9. 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.

Sec. 10. Staff is directed to make technical revisions to the legal description as may be required to allow recording of the certificate of completion as described in section 9.

(Bill No. 2007-11)