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HomeMy WebLinkAbout2018-002 Council Ordinances To Q.v�0 ka- 0a. T,y�'C&uukle e 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 r� 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 i PLO e 01 POP � W N55°23'12 n \ o \ J J i 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 i i� °r � \�J\ iS•y �°s F, 11 \� o et p0\� 0- , "°r / v o T h J 'o c� �J I ` I 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 i MIR +► > ¢ • 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 i i 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 � i o 0 o- ,o o a Q P � J•�k J a'�``� \ �rJ 4.62�. \ o V- 10 \ (J n J 10 J c� <1� I 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