TRANSITORY ORDINANCE NO. - 19.07

AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS

THE CITY OF RICHFIELD DOES ORDAIN:

Section 1: The following described lands are subject to the easements as described below for public street right-of-way and storm sewer purposes:

That part of 67th Street East as dedicated on the plat of WEXLER'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of a line drawn from the southeast corner of Lot 8, Block 2 to the northeast corner of Lot 1, Block 3 and lies easterly of a line drawn from the southwest corner of Lot 8, Block 2 to the northwest corner of Lot 1, Block 3, all in said WEXLER'S ADDITION.

("Street Easement #1")

AND

That part of 67th Street East that approximately lies on Lots 1, 2, 15 and 16, Block 4, WEXLER'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the west right of way line of Cedar Avenue and lying easterly of the east right of way line of 18th Avenue South, as shown on said WEXLER'S ADDITION.

("Street Easement #2")

AND

A permanent easement for the construction, operation, maintenance, and repair of a storm sewer under and across the easterly twenty (20) feet of Lots 15 and 16, Block 4, WEXLER'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota.

(the "Storm Easement")

Sec. 2: Street Easement #1 and Street Easement #2 are not required for access to the abutting properties.

Sec. 3: The following public facilities are located in Street Easement #1: water and storm sewer.

Sec. 4: The following facilities are reported to be located in the Street Easement #1: electric, cable, and telephone/internet. The City has notified the service providers for electric, cable, and telephone/internet of the proposed vacation.

Sec. 5: Electric, cable, and telephone/internet services will be relocated by the developer as part of the project which consists of platting and developing the underlying property as WEXLER'S SECOND ADDITION (the "Project").

Sec. 6: The Council finds that there is not a public need for Street Easement #1 or Street Easement #2.

Sec. 7: The storm sewer and sanitary sewer lines within the Storm Easement shall be removed by the developer as part of the Project.

Sec. 8: The City of Richfield held the first reading of this Ordinance on November 28, 2017 and second reading on December 12, 2017. Legal notice was published in the City's official newspaper as required by ordinance.

Sec. 9: Street Easement #1, Street Easement #2, and the Storm Easement are vacated conditioned upon the approval by the City Council and recording of the plat for WEXLER'S SECOND ADDITION.

Sec. 10: The vacation of Street Easement #1, Street Easement #2, and the Storm Easement are effective immediately following 30 days after publication of this Ordinance, provided that the final plat for WEXLER'S SECOND ADDITION has been recorded.

Sec. 11: 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 12th of December, 2017.

	_____ Pat Elliott, Mayor
ATTEST: _____ Elizabeth VanHoose, City Clerk

 

(Bill No. 2017-16)