TRANSITORY ORDINANCE NO. - 18.90

AN ORDINANCE VACATING PUBLIC SEWER EASEMENTS

(6400 LYNDALE AVENUE)

THE CITY OF RICHFIELD DOES ORDAIN:

Section 1: The lands described in the attached Exhibit A are subject to an easement for public sewer ("Sewer Easement") as described in Document Nos. 2928405 and 291794.

Sec. 2: The sewer pipe within the easement has been abandoned and replaced elsewhere and the Sewer Easement is no longer required.

Sec. 3: The Sewer Easement is adjacent to public waters (Richfield Lake); accordingly the City has notified the commissioner of natural resources. The Department of Natural Resources has no objection to the vacation.

Sec. 4: The Council finds that there is not a public need for the Sewer Easement.

Sec. 5: The City of Richfield held the first reading on July 9, 2013 and second reading on July 23, 2013. Legal notice was published in the City's official newspaper as required by ordinance.

Sec. 6: Upon the effective date of this Ordinance, the Sewer Easement described in Documents 2928405 and 291794 is vacated.

Sec. 7: This Ordinance shall become effective 30 days following publication.

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.

Passed by the City Council of the City of Richfield, Minnesota this July 23, 2013.

EXHIBIT A
LEGAL DESCRIPTION

PARCEL A:

Par 1:

That part of the following described land and accretions thereto lying northerly of the northerly line of Registered Land Survey No. 1560 and its extensions:

That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning; except that part of the East 176.5 feet thereof lying Northerly of a line bearing South 82 degrees West (assuming the East line of said Government Lot 3 to bear North and South) from a point on said East line distant 1176.3 feet South of the Northeast corner of said Lot 3.

Par 2:

That part of Government Lot 3, Section 28, Township 28, Range 24, Hennepin County Minnesota, described as follows: Commencing at the intersection of the East line of said Government Lot 3 with the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence on an assumed bearing of South 55 degrees 14 minutes West along the Northwesterly line of said Tract A and its extension a distance of 178.99 feet to the actual point of beginning; thence South 72 degrees 50 minutes 34 seconds East to the West line of Tract C, in said Registered Land Survey No. 675; thence Northerly along said West line to the Northwesterly corner of said Tract C; thence South 55 degrees 14 minutes West to the actual point of beginning.

Par 3:

Tracts A and B, Registered Land Survey No. 1560, Hennepin County, Minnesota. Torrens (Certificate of Title No. 1075759)

PARCEL B:

Par 1:

That part of Government Lot 1 in Section 27, Township 28, Range 24 lying Southwesterly of the Southwesterly line of Lyndale Avenue South and Northwesterly of Registered Land Survey No. 675, Hennepin County, Minnesota.

Par 2:

That part of the following described land and accretions thereto lying southerly of the northerly line of Registered Land Survey No. 1560 and its easterly extension:

That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning.

Par 3:

All of Tract A;

Tract B, except the northwesterly 15 feet of said Tract B, and except that part of the southwesterly 55 feet of said Tract B lying southeasterly of said northwesterly 15 feet thereof, all in Registered Land Survey No. 675, Hennepin County, Minnesota.

Together with a non-exclusive easement for driveway purposes over the Northwesterly 15 feet of Tract B, Registered Land Survey No. 675, Hennepin County, Minnesota as shown in deed Doc. No. 536923; (as to land in Par 3).

Torrens (Certificate of Title No. 1169344)

(Bill No. 2013-14)