HomeMy WebLinkAbout2018-002 Council Ordinances To Q.v�0 ka- 0a. T,y�'C&uukle
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V Reading: 2/12/2018 Publication: 3/6/2018
2°d Readin : 2/2 6/2 01 8 Effective: 4 6 2 01 8
CITY OF LINO LAKES
ORDINANCE NO. 02-18
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(Lot 15, Block 2, NorthPointe 2°d Addition)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
l. The City Council of Lino Lakes has determined to vacate a portion of the
drainage and utility easement dedicated over, under, and across Lot 15, Block 2,
NORTHPOINTE 2ND ADDITION, as shown in Exhibit A and legally described
as follows:
Commencing at the most northerly corner of said Lot 15; thence South 33 degrees
15 minutes 59 seconds East, assumed bearing, along the northeasterly line of said
Lot 15, a distance of 66.14 feet; thence South 52 degrees 57 minutes 05 seconds
West, 43.87 feet to the point of beginning of the area to be described; thence
continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet; thence
North 55 degrees 23 minutes 12 seconds West, 4.62 feet; thence North 34 degrees
36 minutes 48 seconds East, 30.50 feet; thence South 55 degrees 23 minutes 12
seconds East, 14.73 feet to the point of beginning.
Said described area contains±295 sq. ft.; and
2. A public hearing was held on February 12, 2018 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. It appears to be in the best interest of the City to vacate such drainage and utility
easements; and
4. The Drainage and Utility Easement Vacation shall be recorded through Anoka
County Recorder's Office; 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.
1
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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 Drainage and Utility
Easement Vacation for Lot 15, Block 2,NORTHPOINTE 2ND ADDITION.
Adopted by the Lino Lakes City Council this 261" day of February, 2018.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member Manthey and was duly seconded by Council Member Stoesz and
upon vote being taken thereon, the following voted in favor thereof:
Manthey, Stoesz, Rafferty, Maher, Rein
The following voted against same:
none
Jeff Reinert, bbr
ATTEST:
n 'an e Bartell, City Jerk
2
Drainage and Utility Easement Vacation Description Sketch
N
Most northerly corner---
of Lot 15, Block 2
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PLO e
01
POP �
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N55°23'12
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DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION:
That part of the existing drainage and utility easement, as created and dedicated over, under, and
across Lot 15, Block 2, NORTHPOINTE 2ND ADDITION, according to the recorded plat thereof, Anoka
County, Minnesota, described as follows:
Commencing at the most northerly corner of said Lot 15; thence South 33 degrees 15 minutes 59
seconds East, assumed bearing, along the northeasterly line of said Lot 15, a distance of 66.14 feet;
thence South 52 degrees 57 minutes 05 seconds West, 43.87 feet to the point of beginning of the
z area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet;
thence North 55 degrees 23 minutes 12 seconds West, 4.62 feet; thence North 34 degrees 36
minutes 48 seconds East, 30.50 feet; thence South 55 degrees 23 minutes 12 seconds East, 14.73
feet to the point of beginning.
Said described area contains ±295 sq. ft.
`e
r Drainage and Utility
Carlson I 1 Easement Vocation Area
1 L_�.J
McCain GRAPHIC SCALE
0 15 30 60
ENVIRONMENTAL=ENGINEERING-SURVEYING
248 Apollo Dr,Suite 100,Lino Lakes,MN 55014
Phone:763-489-7900 Fax:763-489-7959 (IN FEET)
3 1043 7223.00 (8.5x14 sheet)
1st Reading: 2/12/2018 Publication:
2"d Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 02-18
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(Lot 15,Block 2,NorthPointe 2°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 a portion of the
drainage and utility easement dedicated over, under, and across Lot 15, Block 2,
NORTHPOINTE 2ND ADDITION, as shown in Exhibit A and legally described
as follows:
Commencing at the most northerly corner of said Lot 15;thence South 33 degrees
1-0,111 15 minutes 59 seconds East, assumed bearing, along the northeasterly line of said
Lot 15, a distance of 66.14 feet; thence South 52 degrees 57 minutes 05 seconds
West, 43.87 feet to the point of beginning of the area to be described; thence
continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet; thence
North 55 degrees 23 minutes 12 seconds West, 4.62 feet;thence North 34 degrees
36 minutes 48 seconds East, 30.50 feet; thence South 55 degrees 23 minutes 12
seconds East, 14.73 feet to the point of beginning.
Said described area contains±295 sq. ft.; and
2. A public hearing was held on February 12, 2018 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. It appears to be in the best interest of the City to vacate such drainage and utility
easements; and
4. The Drainage and Utility Easement Vacation shall be recorded through Anoka
County Recorder's Office; 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.
1
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 Drainage and Utility
Easement Vacation for Lot 15, Block 2,NORTFWOINTE 2ND ADDITION.
Adopted by the Lino Lakes City Council this 26th day of February, 2018.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member and was duly seconded by Council Member and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Jeff Reinert,Mayor
ATTEST:
Julianne Bartell, City Clerk
2
Drainage and Utility Easement Vacation Description Sketch
N r-1
Most northerly corner /
of Lot 15, Black 2
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DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION:
That part of the existing drainage and utility easement, as created and dedicated over, under, and
across Lot 15, Block 2, NORTHPOINTE 2ND-ADDITION, according to the recorded plat thereof, Anoka
County, Minnesota, described as follows:
Commencing at the most northerly corner of said Lot 15; thence South 33 degrees 15 minutes 59
seconds East, assumed bearing, along the northeasterly line of said Lot 15, a distance of 66.14 feet:
thence South 52 degrees 57 minutes 05 seconds West, 43.87 feet to the point of beginning of the
i area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet;
thence North 55 degrees 23 minutes 12 seconds West, 4.62 feet; thence North 34 degrees 36
minutes 48 seconds East, 30.50 feet; thence South 55 degrees 23 minutes 12 seconds East, 14.73
feet to the point of beginning.
E
Said described area contains ±295 sq. ft.
Y
r.,'. Drainage and Utility
Carlson I � Easement Vocation Area
Yo*1 -�
McCain GRAPHIC SCALE
` ENVIRONMENTAL-ENGINEERING-SURVEYING I 15 30 BO
248 Apollo Dr,Suite 100,Lino Lakes,MN 55014
Phone:763-489-7900 Fax:763-489-7959
(IN FEET)
1043 7223.00 (8.5x14 sheet)
Exhibit C
Close-Up View
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+► > ¢
• Easement Area Affected
Coordinates of corner locations:
Point X(ft) y(ft)
1 1630678.0000 16403293.1000
2 1630675.6300 16403294.8000
Ra
3 1630687.1900 16403311.1400
rs p� 4 1630689.4900 16403309.5000
5 1630693.0000 16403314.4400
6 1 1630700.0700 16403309.6000
,�?�'}�� y Coordinate System:UTM Zone 15N(GGS84}
I,
n CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: February 12, 2018
TOPIC: PUBLIC HEARING: Consider 1st Reading of Ordinance No.
02-18, Vacating Drainage & Utility Easement, Lot 15, Block 2,
NorthPointe 2nd Addition
VOTE REQUIRED: 4/5
INTRODUCTION
Staff is requesting City Council consideration of the I't Reading of Ordinance No. 02-18,
vacating Drainage and Utility easement, Lot 15, Block 2,Northpointe 2nd Addition.
BACKGROUND
6743 Palm Street is a residential parcel located on the north side of Palm Street. The property
owners, Mike and Shelby Piette, have submitted a land use application requesting the vacation,
of a portion, of a drainage easement on the property.
The drainage and utility easement was dedicated to the City of Lino Lakes in 2014 with the
NorthPointe 2nd Addition plat. The easement overlaps an existing Northern States Power Co.
(Xcel Energy) gas and electric easement located on the property. The current owners, Mike and
Shelby Piette, would like to construct a deck on the rear of their home into the easement area.
The applicant is requesting that a portion of the drainage easement be vacated to allow for the
construction of a deck.
Xcel Energy has issued a Consent to Improvements approving alterations of the gas and electric
easements for the proposed deck, enclosed. The Drainage and Utility easement was placed
over the Xcel Energy easement, and thus vacating with the consent of Xcel Energy, is not an
encumbrance to the City. The proposed deck does not impact City utilities or drainage.
The Drainage and Utility Easement Vacation Description Sketch prepared by Carlson McCain
on December 14, 2017 detailing the proposed drainage and utility area to be vacated and the
proposed location of the deck is enclosed.
The second reading of the ordinance is scheduled for February 26, 2018.
RECOMMENDATION
Staff is recommending approval of the 1st Reading of Ordinance No. 02-18 Vacating Drainage
&Utility Easements, Lot 15, Block 2,NorthPointe 2nd Addition.
1
ATTACHMENTS
1. Ordinance No. 02-18
2. Xcel Energy Consent to Improvements
3. Drainage and Utility Easement Vacation Description Sketch
2
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I
BY
(RESERVED FOR RECORDING DATA)
RETURN TO:Xcel Energy
Siting&Land Rights,Chad Peterson
414 Nicollet Mall,06
Minneapolis,MN 55401
CONSENT TO IMPROVEMENTS
Line No.0736 Name Shelby and Mike Piette
THIS CONSENT TO IMPROVEMENTS(this"Consent"),dated the day of 1�4� ' Y1 �`Y 12017,is made by
and between Shelby and Mike Piette, their heirs, successors, and assigns ("Requestor") and Northern States Power
Company, a Minnesota Corporation,herein referred to as "Xcel Eneray',having an office and place of business in the
City of Minneapolis,County of Hennepin,State of Minnesota.
WITNESSETH
WHEREAS, Xcel Energy obtained certain rights to construct and maintain facilities for the distribution and
transmission of electrical energy in, over and across the following described property owned by Requestor (the
"Premises"), by that document dated April 2"d, 2009 and recorded on the 300' day of April, as Document No.
2007138.017, and by that document dated March 10', 2009 and recorded on the 20`h day of March, as Document No.
2006239.001 (the"Easements").
Premises:Lot 15,Block 2,Northpointe 2"d Addition,Anoka County,Minnesota.
WHEREAS,Requestor has applied to Xcel Energy for permission to use a portion of the Easements for residential
purposes, hereinafter reffered to as (the`Basement Area"), The Easement Area affected by this Consent is shown on
Exhibit"B",attached hereto.
NOW THEREFORE, in consideration of the promises exchanged herein, the parties for themselves and their
respective successors and assigns agree as follows:
1. Xcel Energy consents to Requestor's use of the Easement Area for the purposes and in the locations described in
Exhibit"A",attached hereto and made a part hereof,subject to Requestor's strict compliance with the terms set
forth herein.
2. The Requestor acknowledges that it has inspected the Easement Area and determined it to be suitable for the
uses described in Paragraph 1 above. Requestor agrees that it is not relying on any oral or written representation
of Xcel Energy concerning the Easement Area (including but not limited to dimensions, soil conditions,
environmental conditions,and municipal restrictions,or use by adjoining or third parties).
3. No future work shall be conducted on the Easement Area until Requestor has received written approval from
Xcel Energy. As a condition to approval,Requestor shall submit detailed plans of the work and a description of
work procedures. Xcel Energy's approval of any work or work procedures merely indicates its consent to the
proposed activities and does not constitute a representation or warranty concerning the suitability, prudency,
effectiveness,or propriety of the proposed activities.
4. Requestor agrees that within thirty (30) days of Xcel Energy's submittal of an invoice, Requestor shall
reimburse Xcel Energy for its reasonable expenses to review any request for work(including but not limited to
costs for administrative review,engineering and field inspection).
S. Prior to commencing work, Requestor shall designate a representative who will supervise the work,be present
during all work,and be authorized to control and,if necessary,suspend the work.
6. Requestor shall immediately suspend its work if requested by Xcel Energy. If suspension is required due to
Requestor's failure to strictly comply with the terms of this Consent, upon such suspension the parties shall
consult in an effort to cure such noncompliance so that the Requestor may resume its activities.
7. Requestor shall not at any time use or store any pollutant or hazardous material within the Easement Area,and
shall at all times maintain the Easement Area in a safe and lawful condition.
8. Requestor shall,at its sole cost and risk,obtain all permits,consents or approvals required for its occupancy and
use of the Easement Area. Upon Xcel Energy's request, Requestor shall provide evidence reasonably
satisfactory to Xcel Energy that all required consents or permits are in force for Requestor's use of the Easement
Area.
9. As part of Xcel Energy's business operations,Xcel Energy shall have the right,at any time and without liability
or compensation to Requestor, to use the Easement Area to install, use, repair, maintain, relocate or remove
facilities that presently exist or may in the future be located within the Easement Area.
10. LB41TATION OF LIABILITY; INDEMNITY. Requestor shall indemnify, defend and hold Xcel Energy, its
agents, employees, and affiliates harmless from any cost, liability, damage, loss, claim, action or proceeding
whatsoever for injury to persons(including death)or damage to property which may arise from or be claimed to
have arisen from Requestor's exercise of the rights granted in this Consent. Requestor, on behalf of itself, its
successors,assigns,and representatives,hereby releases Xcel Energy from any liability for damages incurred by
Requestor,its successors,assigns,representatives,employees,agents,or those under its control arising from(1)
Xcel Energy's use and improvement of the Easement Area for its business purposes,(2)the existing condition of
the Easement Area, (3)Xcel Energy's future installations, (4) Xcel Energy's actions reasonably necessary to
protect its property during emergency conditions, or (5) Xcel Energy's exercise of its rights to remove
improvements,grading or other work installed within the Easement Area by or on behalf of Requestor without
Xcel Energy's prior approval.
It. Unless otherwise provided for as part of the conditions for approval, throughout the time Requestor is
conducting work on the Easement Area, Requestor shall insure that any contractor conducting said work shall
maintain and provide evidence to Xcel Energy of insurance coverage at least equivalent to the following or
Requestor shall provide,at Requestor's expense,the following coverage:
2
a. Worker's Compensation at statutory limits with Employers Liability coverage of at least $100,000
limits if such party is at any time during the term of this Consent subject to the requirements of any
applicable law governing worker's compensation.
b. Comprehensive General Liability Coverage, (including blanket contractual liability)against claims for
bodily injury,death and property damage,including environmental damage,arising out of such party's
operations, affording combined single limit protection of One Htuidred Thousand Dollars ($100,000)
with respect to personal injury or death and property damage,including environmental damage.
All policies shall be endorsed to (1) name Xcel Energy its directors, officers, employees and affiliates as
additional insured with respect to any and all bodily injury and/or property damage,and(2)to require thirty(30)
days written notice be given to Xcel Energy prior to any cancellation or material changes in the policy.
[The balance of the page is left intentionally blank]
3
IN WITNESS WHEREOF,the parties have caused this Consent to be executed on the date aforementioned.
REQUE, TOR: NORTHERN STATES POWER COMPANY,
a 7'! eso corporate n
Name:PA (10 T 6( P:
Name:Peter D.Gitzen
Its:Manager,Siting and Land Rights
Na te:&Vjpi{0 pl�f� pi
STATE OF MINNESOTA )
)ss.
COUNTY OF A n
The fore Ding instrument was acknowledged before me this day of N d ��.��/Y ,20 t j by i 0114 ql( and
I (�, ,as husband and wife
(Stamp) :cc.....I*My
CHERYLANN GERLICHER NOTARY PUBLIC-MINNESOTA otaryPubli
cDw dsslen&pIwJan.31,2020 y Commission Expires: in [�
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrtunent was acknowledged before me thisr%day of/V) s ,2017,by Peter D. Gitzen,Manager,
Siting and Land Rights, Xcel Energy Services, Inc., as an authorized agent for Northern States Power Company, a Minnesota
corporation,on behalf of the corporation.
(Stamp)
Chad T Peterson
IYotoy PubNa state of Wries0a Notary Public
I&Commissbn Expires My Commission Expires:T4J 1 i
January 31,201s
This Instrument Drafted By:Chad Peterson,an employee of Xcel Energy,414 Minneapolis,MN 55401
ATTACHED TO AND MADE A PART OF CONSENT TO IMPROVEMENTS
DATED ,2017,BETWEEN
XCEf ENERGY and PIETTE
EXHIBIT"A"
AUTHORIZED USE:
Deck and Porch at 6743 Pahn Street,Lino Lakes,MN 55038
SCOPE OF PROJECT.
This project consists of a new 2nd story deck,stairway and porch between structures 458-459,portions of which will be located
within the Xcel Energy Easement Area. The exact locations of the improvements within the easement are shown on Exhibit
"C", attached hereto. The deck will be 25 feet wide and extend 14 feet from the face of the existing house,with a 12 inch
overhang on the porch.The porch height shall not exceed 20 feet above the existing grade to the Northeast and Southwest roof
edges.The peak of the ridgeline shall not exceed 25 feet above the existing grade.For reference,the existing grade on-site is
923 feet. The hereinbefore described dimensions of said improvements are depicted on Exhibit"B", attached hereto. The
proposed project meets Xcel Energy's standards,provided the following conditions are adhered to:
(1) Grade change within Easement Area.
The ground elevation within the Easement Area shall not be increased above the existing grade. Stockpiling of soil
and/or material within the Easement Ares will not be permitted.Any proposed grade changes required for the site
driveway must be reviewed and approved by Xcel Energy prior to the start of construction.
(2) Clearances to equipment and workers.
A working clearance of 10 feet between the electrical conductors and any cranes or digging equipment used at
�\ conductor elevation in or near the easement and a clearance of 10 feet to the physical proximity of workers must be
maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA
Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line
outage by calling Xcel Energy's System Control department. Adequate advanced notice must be provided in order
to schedule a line outage,if an outage is available.
The preceding two paragraph(s)must be included in a prominent location on the plan sets and specifications given
to contractors.
(3) Building on Easement Area.
There shall be no additional permancnt or temporary buildings allowed within the easement area, without prior
written approval from Xcel Energy.
(4) Fuel and refueling on casements.
There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement.
(5) Grounding.
Metallic structures must be properly grounded. The seine working clearance criteria as stated in paragraph(2) also
applies,for equipment used to erect and install light standards,sign boards,etc. Any metallic structure,pole,wire
or item placed in the vicinity of a high-voltage transmission line will have the potential to become electrically
charged due to electrical induction. The development of an electric charge results in a potential difference between
the metal installation and the ground,which can result in electrical shocks when the item is touched.Placement of
such metallic installation should take into consideration the shock potential during the;construction, intended use
AND future maintenance activities. Items which become charged must be connected to a grounding rod or
grounding system to prevent shocks.
(6) Notification.
Prior to the start of constriction and following project completion, the requestor or contractor must notify Xcel
�� Energy.Please contact Chad Peterson at(612)330-7825,or by email at cluad.t.peterson asxceleneray.com
It is the express condition of this consent that all other terms and conditions of those certain easements covering the Premises
shall remain in full force and effect.
NOTICE REGARDING LIMITATION OF LIABILITY: Requester understands and agrees that pursuant to the
foregoing consent provisions, Xcei Energy is not liable for any damages it or any other party may cause to the
improvements authorized herein.
(Line 0736:Str.458-459)
cc:Riley Moldenhauer,Transmission Engineering
i
Exhibit B
Northeast and
Southwest roof
edge elevation no
greater than 944'
or no greater than
12" porch roof 20 feet above
overhang existing grade.
18" porch roof
overhang
stairs
Porch roof
i peak/ridge line
elevation no
greater than 948'
' °'' xw or no greater than
25 feet above
- � existing grade.
\ 18" porch roof 1.
overhang
OTransmission Structure \�
��■ Overhead Transmission Centerline
Easement
- Deck&porch
0 30
House I
Feet
Parcels
1:300
6743 Palm Street, Lino Lakes, Minnesota
Exhibit C
Easement Area Affected
Coordinates of corner locations:
Point X(ft) Y(ft)
1 1630678.0000 16403293,1000
2 163067 5,6300 16403294.8000
3 1630687,1900 16403311.1400
4 1630689,4900 16403309.5000
5 1630693.0000 16403314.4400
6 1630700.0700 16403309.6000
Coordinate System:UTM Zone 15N(6GS84)
h
3
• t-�-'lam".
469
OTransmission Structure \�
��■ Overhead Transmission Centerline \
Easement
- Deck&porch
0 30
House
Feet
Parcels
1:300
6743 Palm Street, Lino Lakes, Minnesota �..
CITY OF LINO LAKES
NOTICE OF PROPOSED ORDINANCE
February 26,2018
NOTICE IS HEREBY GIVEN that the Lino Lakes City Council has approved the 1"
Reading of the following proposed ordinance and has scheduled the 2nd Reading and
consideration of adoption of the ordinance on February 26, 2018, at the city council
meeting that begins at 6:30 p.m.
ORDINANCE TO VACATE DRAINAGE AND UTILITY EASEMENT
(LOT 15, BLOCK 2,NORTHPOINTE 2ND ADDN)
This meeting will be held in the Council Chambers at Lino Lakes City Hall, 600 Town
Center Parkway, Lino Lakes, Minnesota.
If you have any questions, please call 651-982-2406.
Julie Bartell, City Clerk
Record ID 4106363
CITY OF CITY OF LINO LAKES
ANOKA COUNTY, MINNESOTA
CLERK'S NOTICE OF COMPLETION OF
VACATION PROCEEDINGS
To the Anoka County, Minnesota Auditor. 2196833 . 002
Notice is hereby given that, pursuant to MSA 368.01, Subd 25 and by attached
ordinance dated April 6, 2018, the City of Lino Lakes has vacated the following legally
described and dedicated drainage and utility easement across Lot 15, Block 2,
NorthPointe 2nd Addn located within the City:
LEGAL DESCRIPTION:
See attached Exhibit A
The vacation proceedings were completed on April 6, 2018.
Dated: - G - 201$
Julie Ba ell, Clerk
STATE OF MINNESOTA }
} ss
COUNTY OF ANOKA }
On this Co day of Ap r; 1 , 2018, before me, personally
appeared Julie Bartell, to me personally known and by me duly sworn did say that she
is the City Clerk of the City of Lino Lakes, the City named in the foregoing instrument.
The stamp affixed to said instrument is the stamp of the City of Lino Lakes and was
signed and sealed on behalf of the City by authority of it City Council. The City Council
and Julie Bartell acknowledge said instrument to be a free act and deed of the City of
Lino Lakes.
This document drafted by: NotAry
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
FQMW J,FOOMnr
MMESMA
-C-�.d,p jW „r s,,W0
To C�.rh.B[< tea. Vec �
I`Reading: 2/12/2018 Publication: 316/2018
2nd Reading: 2/2 6 2 018 Effective: 4 b 2 018
CITY OF LINO LAKES
ORDINANCE NO. 02-18
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(Lot 15, Block 2,NorthPointe 2nd Addition)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate a portion of the
drainage and utility easement dedicated over, under, and across Lot 15, Block 2,
NORTHPOINTE 2ND ADDITION, as shown in Exhibit A and legally described
as follows:
Commencing at the most northerly corner of said Lot 15; thence South 33 degrees
15 minutes 59 seconds East, assumed bearing, along the northeasterly line of said
Lot 15, a distance of 66.14 feet; thence South 52 degrees 57 minutes 05 seconds
West, 43.87 feet to the point of beginning of the area to be described; thence
continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet; thence
North 55 degrees 23 minutes 12 seconds West, 4.62 feet; thence North 34 degrees
36 minutes 48 seconds East, 30.50 feet;thence South 55 degrees 23 minutes 12
seconds East, 14.73 feet to the point of beginning.
Said described area contains±295 sq. ft.; and
2. A public hearing was held on February 12, 2018 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. It appears to be in the best interest of the City to vacate such drainage and utility
easements; and
4. The Drainage and Utility Easement Vacation shall be recorded through Anoka
County Recorder's Office; 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.
1
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 Drainage and Utility
Easement Vacation for Lot 15, Block 2,NORTHPOINTE 2ND ADDITION.
Adopted by the Lino Lakes City Council this 261"day of February, 2018.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member Manthey and was duly seconded by Council Member Stoesz and
upon vote being taken thereon, the following voted in favor thereof:
Manthey, Stoesz, Rafferty, Maher, Reine
The following voted against same:
none
Jeff Reinert, r
ATTEST:
a e Bartell, City lerk
2
EXHIBIT A
` 4 •
Drainage and Utility Easement Vacation Description Sketch
N
Most northerly corner, /
of Lot 15, Block 2
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DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION:
That part of the existing drainage and utility easement, as created and dedicated over, under, and
across Lot 15, Block 2, NORTHPOINTE 2ND ADDITION, according to the recorded plot thereof, Anoka
County, Minnesota, described as follows:
Commencing at the most northerly corner of said Lot 15; thence South 33 degrees 15 minutes 59
seconds East, assumed bearing, along the northeasterly line of said Lot 15, a distance of 66.14 feet;
thence South 52 degrees 57 minutes 05 seconds West, 43.87 feet to the point of beginning of the
z area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet;
thence North 55 degrees 23 minutes 12 seconds West, 4.62 feet; thence North 34 degrees 36
minutes 48 seconds East, 30.50 feet; thence South 55 degrees 23 minutes 12 seconds East, 14.73
feet to the point of beginning.
E
Said described area contains ±295 sq. ft.
Y
g
Drainage and Utility
(I
Carlson Easement Vacation Area
n J McCain GRAPHIC SCALE
ENVIRONMENTAL•ENGINEERING•SURVEYING 0 15 30 60
248 Apollo Dr,Suite 100,Lino Lakes,MN 55014
Phone:763-489-7900 Fax:763-489-7959
(IN FEET)
3 1043 7223.00 (8.5x14 sheet)
ANOKA COUNTY MINNESOT A
Document No.: 2196833.002 ABSTRACT
I hereby certify that the within instrument was filed in
this office for record on: 04/11/2018 10:49:00 AM
Fees/Taxes In the Amount of $46.00
JONELL M. SAWYER
Anoka County Property Tax
Administrator/Recorder/Registrar of Titles
DDS, Deputy
Record ID: 4106363