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HomeMy WebLinkAbout2016-005 Council Ordinances 1"Reading: Jul y 11 2016 Publication: August 2, 2016 2 Id Reading: July 25, 2016 Effective: September 1 2 016 CITY OF LINO LAKES ORDINANCE NO. 05-16 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot B,NorthPointe 3`d Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate all of the drainage and utility easements, as dedicated on the plat of NorthPointe 3rd Addition, according to the recorded plat thereof,Anoka County, Minnesota, lying over, under, and across Outlot B, said plat as shown in Exhibit A; and 2. A public hearing was held on July 11, 2016 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The same drainage and utility easements shall be dedicated to the public on the plat of NorthPointe 4th Addition; and 4. It appears to be in the best interest of the City to vacate such drainage and utility easements: and 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the NorthPointe 0 Addition final plat. 1 Adopted by the Lino Lakes City Council this 25ffi day of July, 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Maher, Rafferty, inert The following voted against same: none Jeff Reinert. a or ATTEST: --ems.... 4- ne Bartell, Ci Cle 2 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 25, 2016 TOPIC: Consider Second Reading of Ordinance No. 05-16. Vacating Drainage and Utility Easement over Outlot B,NorthPointe 3rd Addition *Council may vote to dispense with full reading of ordinance *Roll call vote is required for adoption of the ordinance VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of the second reading of Ordinance No. 05-16, vacating the drainage and utility easement dedicated on the plat of NorthPointe 3rd Addition lying over, under and across Outlot B. BACKGROUND NorthPointe is a PUD residential subdivision located northeast of the intersection of Birch Street and 20th Avenue South/CSAII 54. The applicant is requesting the drainage and utility easement dedicated on the plat of NorthPointe 3rd Addition lying over, under and across Outlot B be vacated to eliminate any potential tile issues. This easement will be re-dedicated on the plat of NorthPointe 4ch Addition. The City Council approved a similar vacation with Ordinance No. 11-15 for Out]ots C and D,NorthPointe when NorthPointe 3rd Addition was platted. On July 11, 2016,the City Council held a public hearing and approved the I"reading of Ordinance No. 05-16. RECOMMENDATION Staff recommends adoption of Ordinance No. 05-16. ATTACHMENTS 1. Ordinance No. 05-16 with Exhibit A: Drainage and Utility Easement Vacation Sketch 1 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III) Record ID 3976469 CITYk OI N � KE L L S 2156963 . 003 CITY OF LINO LAKES CERTIFICATION ORDINANCE NO. 05-16 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Ordinance No. 05-16, Vacating a Utility and Drainage Easement for NorthPointe Development, approved by the Lino Lakes City Council on July 25, 2016, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on November 28, 2016. (L-Ci lerk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 1s`Readin : July 11 2016 Publication: August 2nd Reading: July 25 2 01 6 Effective: September 1 01 CITY OF LINO LAKES ORDINANCE NO. 05-16 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot B,NorthPointe 3�d Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate all of the drainage and utility easements, as dedicated on the plat of NorthPointe 3rd Addition, according to the recorded plat thereof,Anoka County, Minnesota, lying over,under, and across Outlot B, said plat as shown in Exhibit A; and 2. A public hearing was held on July 11, 2016 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The same drainage and utility easements shall be dedicated to the public on the plat of NorthPointe 4d'Addition; and 4. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the NorthPointe 4t'Addition final plat. 1 Adopted by the Lino Lakes City Council this 25a'day of July, 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon,the following voted in favor thereof: Kusterman, Manthey, Maher, Rafferty, inert The following voted against same: none Jeff Reinert, a or ATTEST: C7me Bartell, Ci Cle ANOKA COUNTY MINNESOTA Document No.: 2156963.003 ABSTRACT Thereby certify itt a�t the wit m nstrutnent��as filed in this office for record on: 12/05/2016 2:44:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/Registrar of Titles MDT, Deputy Record ID: 3976469 2