TRANSITORY ORDINANCE NO. - 18.59

AN ORDINANCE VACATING PUBLIC UTILITY EASEMENT 800 66th Street West, Richfield

CITY OF RICHFIELD DOES ORDAIN:

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

All that part of Graham Avenue as recorded in Book 2052 of Deeds, Page 639, embraced within Tract A, Registered Land Survey No. 642, Hennepin County, Minnesota.

Sec. 2. The City Council has determined the petition for vacation to be adequate by Resolution No. 10086.

Sec. 3. There is no public need for a utility easement over a portion of the land, as described in section 1.

Sec. 4. The water main located within the land described in section 1 is no longer necessary and shall be capped and removed by the owner of said land.

Sec. 5. There are additional existing utility lines within a portion of the land described in section 1, and there is a continuing need for an easement over this area.

Sec. 6. A utility easement shall be maintained over, under and across the following described lands:

Tract A, Registered Land Survey No. 642, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the southeast corner of said Tract A; thence South 59 degrees 44 minutes 30 seconds West on an assumed bearing along the south line of said Tract A, a distance of 13.50 feet to the point of beginning of said line; then North 15 degrees 30 minutes 31 seconds West 292.88 feet to the north line of said Tract A and there said line terminates; and

A 10-foot wide strip of land, the southerly line of which begins at a point on the easterly right of way line of Graham Avenue approximately 45 feet northerly of the SE corner of Tract A; to a point on the westerly right of way line of Graham Avenue approximately 2 feet northwesterly of a point on the southerly line of Tract A, which point is 13.50 feet southwesterly of the SE corner, Registered Land Survey No. 642, Hennepin County, Minnesota.

Sec. 7. Upon the effective date as provided in section 8 below, the public utility easement described in section 1 above is vacated, except for that portion which lies within the area described in section 6 above. The City expressly retains a public utility easement over the lands described in section 6 above, including the right to enter to maintain, repair, replace, remove, or otherwise attend to public utility lines; provided that the utility shall promptly repair any damage resulting from such maintenance, repair, replacement, or removal.

Sec. 8. The vacation of the utility 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.

(Bill No. 2008-14)