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HomeMy WebLinkAbout1479 - ADMIN Ordinance - City Council - 1980/10/06ORDINANCE NO. 1479 AN ORDINANCE VACATING EASEMENT THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the woners of all property abutting upon both sides of the utility and drainage easement to be vacated has been duly filed with the City Clerk, requesting vacation of the utility and drainage easement, and the City Clerk has furnished a copy of said petition to the City Manager who has reported filing of same to the City Council, and the Clerk has published notice in the official City newspaper, the St. Louis Park Sun, on September 3, 1930, as directed by the Council, and the City Council has met at the same time and place as published in said notice and has conducted a public hearing upon said petition and has determined that the utility and drainage easement is not needed for public purposes, and that it is for the best interest of the public that said utility and drainage easement be vacated. Section 2. The following described utility and drainage easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of vacated Candlestick Drive (Yosemite Lane) described as follows: From a line parallel to and ten feet west of Vernon Avenue; thence westerly to the east line of Lot 3 and Lot 4, Block 2, Park Plaza. provided, however, the petitioner and the petitioner's successors and assigns shall be required to relocate at their expense existing water and sewer service affected by said vacation with said relo- cation to be consistent with City plans and specifications with proper provisions for necessary public easements. Section 3. The City Clerk is instructed to prepare a Notice of Completion containing a copy of this ordinance and to file the Notice in the OFfice of the Register of Deeds or Registrar of Titles, in and for the County of Hennepin, Minnesota, as the case may be. Section 4. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council October 6, 1980 dii1.41,441,01,.. ity Clerk Reviewed for administration: S- y Manager ,eez, .)%(.4,_,/ Approved as to form and legality: • 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at (east once every week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance NO. 1479 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks, that it was first so published on wed• the 15th day of Oct• 19 80 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abcdefghijklmnopqrstuvwxyz (Official Publication) ORDINANCE No 1479 AN ORDINANCE VACATING EASEMENT THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 A petition 'in writing signed by a majority of alt, of the owners of all properly abutting upon both sides of the utility and drainage easement to be. vacated has been duly filed with the City Clerk, requesting vacation of the utility and drainage easement, and the City Clerk has furnished a copy of said petition to the City Manager who has reported filing of same to the C'tyllouncil, and the Clerk has published-tnotice in the official City newspaper. the 6t Louis Park Sun, on)Septgmber 3, 1980, as directed by this Council; and the City Council has -met 'Mile same time and place as published in said notice and has conducted a public hearing upon said petition and hss,det,ermmed that the utility and drainage easement is not needed for pubhe purposes, 'and that it is for the best`'aterat of the public that said utility and, drainage easement be vacated Section E. The folld(i'ngdeiterlbed utility and dreina- a g'a pni, as now dedicated and aid out ��yyt�thin the corporate limits of-•th'e 'C`it�yt of St Louis Park, is vacated That part o(,vagated Candidstick Drive (Yosemite—Lade). 'de- scribed as follows ''From a dine parallel to and ten ,feet west of Vernon Avenue, thence westerly to the east,I1po.gf 1.4.3 add Lot 4, Block 2,.Park Plaza provided, however, the petitioner and the petitioner's successors and' as- signs shall be required to relocdte at their expense existing watei-i'and sewer service' affected by said vaca- tion with said relocation 10 bC'cansis- tent with City plans end,speclf- 'cations with proper provisions, for necessary public easements. I: 7 Seaton 3 The City Cler1q is etructed to prepare a Notice'of Com- pletion containing a copy of Wits or- dinance and to file the Notice in the Office of the Register of Deeds or Registrar of Titles, in and for the County of Hennepin, Minnesota, as the case may be Section 4 Thls ordinance shall take effect fifteen days after its publica- tloo i -.4. i, Adbpted by the City Council '} 'October 6, 1980 (s)PHYLLIS W MCQUAID • Mayor ATTEST, + ^ - ^ (s) EARL E 'HANSON City Clerk Reviewed for administration (s)JAMES L BRIMEYER City Manager Approved as to form and legality (s) WAYNE G POPHAM City Attorney (Oct 15, 1980) -SLP Subscribed and sworn to before me this 15th day of Oct19 80 )97te_L;Lai0).1..Leal,L„t__} MERIDEL M. HEDBLOM (NOTARY PUet1C - MINN1SOTA iHENNEPIN COUNTY commission .Wires July 2, t9&