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Home My WebLink AboutOrdinance 744ORDINANCE N0.744 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF NIINNESOTA AN ORDINANCE VACATING EXCESS UTILITY EASEMENTS ASSOCIATED WITH THE VELMIER CVS DEVELOPMENT WHEREAS, a request has been submitted to the City of Mounds View to vacate a utility easement originally granted to the City through the platting of the Amoco Silver Addition, a public utility easement granted in 1970, and highway easements granted to the City, all legally described as follows: Easement A: A drainage and utility easement over, under and across the southwest five feet of lots 1 and 2, Block 1, Amoco Silver Addition, dated April 4, 1991, recorded as Document No. 2590300. Easement B: A utility easement over, under, above and across the west five feet of the following described property, recorded October 16, 1970, as Doc. No. 550710: That part of Lot fifty-nine (59), Auditor's Subdivision No. 89, Ramsey County, Minnesota, lying South of a line described as follows: Commencing at the • Northwest corner of said Lot fifty-nine (59); thence South along the West line of said Lot fifty-nine (59), 257.93 feet to the point of beginning; thence Southeasterly to a point on the East line of said Lot fifty-nine (59), 257.93 feet South of the Northeast corner and there terminating, according to the plat thereof filed of record in the office of the Registrar of Titles within and for said County of Ramsey, Subject to a five (5) foot strip easement along the rear line for public utility use such as setting of poles, stringing of wires, trimming or removing trees, if necessary for line clearance and laying of underground conduits. Easement C: A Highway easement over, under, above and across the following described property, recorded as Doc. No. 508273: The South 20 feet of the following described property: Lot 58, Auditor's Subdivision No. 89, Ramsey County, Minnesota, except that part lying Northeasterly of a line parallel with and 75 feet Southwesterly from the centerline of Minnesota State Trunk Highway No. 10/62. Easement D: A Highway easement dated September 7, 1966 over, under, above and across the following described property, recorded as Doc. No. 503404: The South 20 feet, except Silver Lake Road, of the following described property: Lot 59, Auditor's Subdivision No. 89, Ramsey County, Minnesota, except that part lying Northeasterly of a line parallel with and 75 feet Southwesterly from • the centerline of Minnesota State Trunk Highway No. 10/62. ~ri~at~c~ 74 lea WHEREAS, it has been determined that the above-described utility and highway easements, as shown on attached Exhibit A, no longer serve a public purpose and it is in the public interest to vacate such unneeded utility and highway easements. NOW THEREFORE, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance No. 744. Subd. 1. The City has made a determination that the above-described utility and highway easements no longer serve a public purpose, and as such, it is in the public interest to vacate such portion. Subd. 2. There are no apparent public utilities, buried or otherwise, within the easements to be vacated except those already protected by virtue of dedicated easements associated with the Velmier CVS plat approved by the City Council on June 28, 2004. Subd. 3. The City Council of the City of Mounds View finds that there is no public interest or purpose served in retaining the excess and unneeded utility and highway easements proposed for • vacation. Subd. 4. The utility and highway easements legally described herein and shown on Exhibit A are hereby vacated. SECTION 2. This ordinance takes effect thirty (30) days after its publication. First read by the City Council of the City of Mounds View this 12th day of July, 2004. Read and passed by the City Council of the City of Mound i 6th of July, 2004. J ~ e, Mayor ATTEST: J ~~ ~%~Q,ueB'~l, Kirich, City Clerk-Administrat /~a.h n. ~ ~~-~ C APP O FC),RM: • City o I '~` ~#' ~"`- V \ ~ S e +asi 'a 3 .y: a 5s z `:. a& M+ xc ". ... wr. y Aw+,3 F.auag r L t. ~ ~ ~~.~ ~.~ ~ tb~ t ~~.: ! r`., ~ ~~ ~ t r f ~ ~8 u` * ~~ ~~ ~ ~ ~ `~ 1 /' ~ 1 ' ~ ~ ~. ~ ; _ -'~,~ , ~ '. ~ ~ ` ~_. ~ ~ '~'+ ! fr a t ~ .r ~ f~, ~ l -~ f `~' ~, ~,. ~ ~ `~:/ %~r ~`", ~ r ,, ~:.. ~- ~"` \ ~"`~ ~ ? ®` _.~ /~, ,_. Q ~ ~ ~ Y ' ~, ~ - ,~ ~. - `, ~ ~ 4 ~ ~~~`' ~` ~' i s . z . w, ~ ~, . t ~~,Y ~ f. ~ i ~\ ~~ 4 ~ {. ~ ~ p ~. ~ 1 ,~ ~`+~ }, \ bis~ 's.. ~~ 3 " si ~.. _...~ ~i~ ~ ~ ~~ y~ w-f ~~ ~ ~.F~. ~~,~ ~ ~ a ~~ ~ ~~ .~ -~ ~ zS~ L V ~ `Y 3 ~ " ~ ~~ ~~ } ~ Ep ~+ ~ .~ ~ ~ o~ ~~ ~• ~ ~,~ ~+ ~ ~ ~'~., `` ` ~\ ~ ` -='" ~ _ ~ ~.~. ( ~ `~ , ~. *~ ti ~ ~ ~. ~ , ~, ,~~~ ,~ ~,*. ~a~vi~ ~~ ~~bin~a~ioan S~a~e of l~iraneso~a SS Co~a~nty of Rairnsey~ Keri Solseth ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW RRT('THTON RULLETTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 744 which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on wED• ,the 4 day of AUG. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGH IJ KLMNOPQRSTUV WXYZ *abcdefghijklmnopq rstuvwxyz Subscribed and sworn to before me on TH this 4 day f AUG. 20 04 Notary Public ''Alphabet should be in the same size and kind of type as the notice. a • ~NBY~ ~i. ali44PiFH~AD Na'A~-~A RATE INFORMATION AAy ~L EigJNM Jen. 31, 2006 0 (1) Lowest classified rate paid by commercial users for comparable space ............................................ (2) Maximum rate allowed by law for the above matter .................. (3) Rate actually charged for the above matter r BY: -~ TITLE ACCOUNTING ASSOCIATE ....$24.00 per col. inch .............$20.49 per col. inch .......................$ per col. inch 1 /04 --__ Attorney Titles within and for. said Comet strip (B Uetin: Aug. 3, 2004) f' (5) Ramsey, Subject to a 1ve easement along the rear. line Poor Po els, utility use such as setting P stringing of wires, trimming or removing trees, 'rf necessary for line clearance and Laying of underground conduits. Easement C: A Highway. easement over, under, above and across the folowing described property, -ecorded as Doc. No. 508273: The South 20 feet of the; following described property: Lot 58, County, Subdivision No. 89, Ramsey Minnesota, except thatrel~' vrtrithyand Northeasterry of a line pa 75 feet Southwesterly from the centerline of Minnesota State Trunk Highway No. 10!62• easement Easement D: A Hrghwa ever, under, dated September 7, 1966 above and across the ioNowing descrrbed P-oPertY. recorded as ~• ~ S Ne e The South 20 feet, excep described Road, of the following property: Lot 59, .Auditor's Subdivision No. gg, Ramsey Gnunty, Minnesota, except: that part Tying Northeasterly feet dine parallel :.with and 75. Southwesterly from the centerline of Minnesota State Trunk Highway No. 10/62. d that .WHEREAS, it has been d ~~ih 9hway the above-described utlNtY easements, as shown on attaubec erve a P ORDINANCE NO, 744 CITY OF MOUNDS VIEW COUNTY OF pAMSEY STATE OF MINNESOTA. AN ORDINANCE VACATING EXCESS UTILITY EASEMENTS ASSOCIATED WITH THE VELMIER CVS DEVELOPMENT WHEREAS, a request has been submitted to the City of Mounds View to vacate a utility easement originally granted to the City through the platting of the Amoeo Silvef gddition, a public utility easement granted in 1970, aril highway easements granted to the City, all legally f Ilows• Exhibit A, no longer s . purpose and it is in the public interest to vacate such. unneeded utility and highway easements. NOW THEREFORE, THE CITY OF MOUNDS VIEW ORDAINS: of Mounds View SECTION 1. The City Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance So•made a Subd. 1. The .City determination that the above-described utility and highway easements no longer serve a pubiicpurpose, and as such, it is in -the public interest to vacate such portion. arent public Subd. 2. There are no app within the utilities, buried or otherwise, _ iaements to be vacait~ of dedicated tlready protected by vacated. described as o aasements associated with the Vnlcmon Easement Az A drainage and utility .CVS plat approved by the City Cou easement, over, under and across the :June 28, 2004• 1o Amocot Silve Atddition, dated Ap~k Mounds Vieweffnds that theref s n piub/c 1 gg1, recorded as Document No. interest or purpose served in retaining the 2590300. ~ excess and unneeded utility and highway Easement B: A utility easement over, easements proposed for vacation. under, above and across the west five Subd. 4. The utility and highway feet of the following described ~ No shown o Exhiti t A aee heBebY erein a reLbmed October 16, 1970, SECTION 2. This ordinance takes effect 550710: That part of Lot fifty-nine. (59), Auditor's thirty (30) days after its publication. Subdivision No. 89, Ramsey County, First read by the City Council of the City Minnesota, lying South of a line of Mounds View this 12th day of July, described as follows: Commencing'n® 2004• Council of the NOrtbwest comer of sand ~estftl ne of the City of Mounds Vi wethls 26th day of (59); thence South along July, 2004. Jerry Ltnke said Lot fifty-nine"(59), 257.93 feet to the point of beginning; thence Southeasterly to a point on the East line of said Lot fifty- nine (59), 257.93 feet South of the Northeast comer and there terminating, according to the plat thereof filed of record in the office of the Registrar of Mayor Kurt Ulrich city Clerk-Adminisuator ATTEST: APPROVED AS TO FORM: • •