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HomeMy WebLinkAbout2019-008 Council Ordinances i-� I"Reading: 6/24/2019 Publication: 2"Reading: 7/8/2019 Effective: Au st 15 2019 CITY OF LINO LAKES ORDINANCE NO. 08-19 ORDINANCE VACATING RIGHT-OF-WAY, DRAINAGE,AND UTILITY EASEMENT (Saddle Club Fourth Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate the Right-of-Way, Drainage and Utility Easement dedicated over, under, and across the area described as: "The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota."; Within the Saddle Club Fourth Addition, as shown in Exhibit A; and 2. A public hearing was held on June 24, 2019 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 right-of-way, drainage, and utility easements; and 4. The Right-of-Way, 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 Right-of-Way, Drainage and Utility Easement described herein is hereby vacated. 1 r1 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 final plat for Saddle Club Fourth Addition. Adopted by the Lino Lakes City Council this 81h day of July, 2019. The motion for the adoption of the foregoing ordinance was introduced by Council Member der and was duly seconded by Council Member MantheY and upon vote being-taken thereon the following voted in favor thereof: Maher, Manthey, Rafferty, Stoesz,-Reinert The following voted against same: none Jeff Reinert, 6yor ATTEST: JuIia�u�e Bartell, Oy Cler - 2 SKETCH & DESCRIPTION of Easement Vacation —for— DUPONT HOLDINGS, L C S89°50'40"E 330.Of n, 7 �� oo E4 0 4 FaETTO I-fHESTHE, 0W1�450:00 __-. o N `SECTION TWP 31, 'RGECD 22 ��++ OUTLOT pV, n I 3 Ld bi v 3 .f K� 3 a z i CC) 1 W EfT,t A N D � - �� F W N~ * I r ,.',.4993e W -096_ O DJ IN 00 IC Fz LE(nr {. .'-_ '. n ^' C) aJ 6� t _:Umlonwea c> i ��,ct��C ✓ l" Ld S .J lob { O^ ti T t 4r P L NORTH � - w F , FOX ROAD r •- A 1 i 2 s i C 09°� i — C; rp /rp f sane _,ao-3a =J l ,k8r z z _3 No } 00 k 4( "a g ir 71r t' 1„ k r I { X-• P7-= — � a� :gm F THE PROPOSED PLAT OF {" F I f yj-{ .c:y/ a.i �; ��r Ln "SADDLE CLUB FOURTH I,, t - �r;` „ gs Lr ADDITION" IS OVERLAYN ON r I I '' tL ,ra r q.t� 6w- THIS SKETCH. SAID PLAT P 1 [ a �� ��m IS NOT OF RECORD AS OF { SQiITU LINE OF ITHE I S FI°_� § 3 THIS DATE. SL �28 TCAP-31 tE, Z f r 7_ i 9)6.9] ^1��?6 M. j MW-t 06.81� -I 5296.E of /ii 6a955•�0'E 330 0> FOXBOROUGH S89°50�40"E zw2s4 BOIPUI OUTLOT E 2 7 2 T< ® FOXBOROUGH �� I 1 r1 OUTLOT C EXISTING UK DRAINAGE & UTILITY EASEMENT DESCRIPTION The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest DENOTES EXISTING Quarter of Section 28, Township 31. Range 22, Anoka County, Minnesota. (Recorded as Doc. No. 547252.003 Torrens) RIGHT—OF—WAY, DRAINAGE & UTILITY EASEMENT TO R/W, DRAINAGE & UTILITY EASEMENT VACATION DESCRIPTION BE VACATED. The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest y..� Quarter of Section 28, Township 31, Range 22. Anoka County, Minnesota. ' \ S:\rud\CAD\16proj\16137\12589PP—ROAD—EASEMENT—VACATION.dwg 2/26/2019 11:23:48 AM CST Scale 1"= 50' Drawn By, dwo Project Manager: dwo ,lob No.: 16137pp o Denotes Iron Set 1 • Denotes Iron Found I Bearings shown are on an assumed datum. l hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that / am c duly Registered Land Surveyor under the /ows SONS. INC. of th�$f State of M,i(n�n�esota. Doted this 26th day of February , 2019. °1" Professional Land Surveyors // www.egrud.com Lino Lake Drive NE,Suite 110 ( License No. 25341 Lino Lakes,MN 55014 —� Tel.(651)361-8200 Fax(651)361-8701 4 -S1-22 3� 0012 1"Readin : 6/24/2019 Publication: 2nd Reading: 7/8/2019 Effective: Au4ust' 15, 201 CITY OF LINO LAKES ORDINANCE NO. 08-19 ORDINANCE VACATING RIGHT-OF-WAY, DRAINAGE,AND UTILITY EASEMENT (Saddle Club Fourth Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate the Right-of-Way, Drainage and Utility Easement dedicated over, under, and across the area described as: "The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota."; Within the Saddle Club Fourth Addition, as shown in Exhibit A; and 2. A public hearing was held on June 24, 2019 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 right-of-way, drainage, and utility easements; and 4. The Right-of-Way, 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 Right-of-Way, 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 final plat for Saddle Club Fourth Addition. Adopted by the Lino Lakes City Council this 8 h day of July, 2019. The motion for the adoption of the foregoing ordinance was introduced by Council Member Maher and was duly seconded by Council Member MantheY and upon vote being taken thereon the followingvoted in favor thereof- Maher, Manthey, Rafferty, Stoesz,-Reinert The following voted against same: none Jeff ReinertA16yor, ATTEST: _1 �ulia� e Bartell, Ci �Cler — 2 SKETCH & DESCRIPTION of Easement Vacation —for— DUPONT HOLDINGS, L IC S89 50'40"E 330.Of Ty��sY f;��`g � � >� '�NOA��L(N�OF 5QU�S'1=({5�0 flD:��, l,• o f?� j j� YYi r« 'EERY OF S{E,S�Jt �FS` 4�i p\N { y f!r -<. P� -.i31GE 21 l y cN\, _Ld ry , a I �r xlt i. "(i _ u t _ WPM 1fjy✓ 3 � w N xNx 3 jl� Xf w / a z 3 p F O Z W ,�x /:�`1>C / i --1" ,en w N Q w w W �X -,N7s���.. > ^�.7. I : Ln Q W m �iI V) '"?'i 'M�w+Aae i "tie° y,,r>• �.,.' s � L) i1?} y � "swa k y I .I w Xs 84 1,4 2 NORTH ""� '/ f �! .�xx� E y 1�- xx , FOX ROAD abS .W R/W) - 14 t - ° �x - 1r na^fie Yam ' Z� war in :' fit! 1 zs A ! ✓r J✓ '..T {t I ^I I its V) W X Of M. ��'��` T . t�Ln d�r f ✓h X`{� �'' Iwo' V ;I .'=6. ? ' $� pi :�g� O x Xl, / 3 xl = 81 F THE PROPOSED PLAT OF ���`! ! F� �/ � "SADDLE CLUB FOURTH Jr 1y J }�J i ADDITION" IS OVERLAYN ON ! X.✓��t �_` ` � �ciy�k�E osc ���m THIS SKETCH. SAID PLAT !` 0 T�F�LINE OF�l 4E 7 IS NOT OF RECORD AS OF -ram 4 OFiFH�E S k�4� n �s Revearc fi ti; P�^ >s U THIS DATE. ' to � 40'` 330 O1 FOXBOROUGH S89e50'40"E _ OUTLOT E 27 a o�-A FOXBOROUGHI I �''�'� OUTLOT C EXISTING R/W, DRAINAGE a UTILITY EASEMENT DESCRIPTION The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest DENOTES EXISTING Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota. ;. (Recorded as Doc No. 547252-003 Torrens) RIGHT-OF-WAY, DRAINAGE & UTILITY EASEMENT TO R/W, DRAINAGE 8 UTILITY EASEMENT VACATION DESCRUMON BE VACATED. The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota. S:\rud\CAD\16prol'\16137\125e9PP—ROAD—EASEMENT—VACATION.dwg 2/26/2019 11:23:48 AM CST Scale 1"= 50' 1 Drawn By. dwo Project Manager: dwo Job No.: 16137pp o Denotes Iron Set 1 • Denotes Iron Found Bearings shown are on an assumed datum. l hereby certify that this plan, survey or report was prepored by me or under my 1 a SONS.direct supervision and that / am a duly Registered Land Surveyor under the laws of t� of�Minnesota. Dated this 26th day of February, 2019. °""' Professional Land Surveyors wrtVw.29rMdx—6776 Lake Drive NE,Suite 110 License No. 25341 Lino Lakes,MN 55014 TN.(651)361-8200 Fax(651)361-e701 CITY OF LINO LAKES ORDINANCE NO.09-04 AN ORDINANCE VACATING CERTAIN STREET, STORM SEWER, DRAINAGE AND UTILITY EASEMENTS DOCUMENT NUMBERS 1352614 AND 1360627 The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: Section 1 The City Council makes the following findings: 1. That a public hearing was held on June 14, 2004 before the City Council after due published and posted notice had been given 2. The City approved the final plat for Millers Crossroads with Resolution 03-24. 3. Street, storm sewer, drainage and utility easements dedicated to the City with the Millers Crossroads final plat are sufficient. The underlying easements are not necessary. 4. It is in the best interest of the City to vacate these unnecessary easements. Section 2 Any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3 The easements are described as follows: All street, storm sewer, drainage and utility easements as shown on Document Numbers 1352614 and 1360627 on file and of record in the office of the County recorder, Anoka County,Minnesota Section 4 The street, storm sewer, drainage and utility easements described in Section 3 is hereby vacated. Section 5 This Ordinance shall be in full force and effect from and after 30 days following its passage and publication,in accordance with the City Charter. Passed by the Lino Lakes City Council thi Aday of 5UJ1P- , 2004 6), ox 7,�� Jo J. Be geson,Mayor ATTEST: n Ann Blair, Cj Clerk -38- Record ID 3I83I504�Np 2129812 . 001 ABSTRACT/TORRENS DOCUMENT IN3wnooa SN3NNOI/13"ISSV 900 '0699cg ZOOSEef Qi Pi0096 INI�MI�N I�IIINIIINIIII�VIYII ROADWAY, DRAINAGE AND UTILITY EASEMENT This indenture ("Agreement")is made and entered into the 211day of 2015. Recitals 1. The real property("Parcel I") located at 876 Old Birch Street in Lino Lakes, Minnesota,Property ID No. 28-31-22-33-0003, is owned by Comcast CCH Subsidiary Holdings, Inc., a Delaware Corporation, successor-by-merger to Comcast MO of the North Central Suburbs, Inc., flk/a MediaOne of the North Central Suburbs, Inc., f/k/a Group W Cable of North Central Suburbs, Inc. ("Grantor"), and legally described as follows: The East 330 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31,Range 22 West, Anoka County, Minnesota. 2. The real property located on Old Birch Street(no street address) abutting the northeast corner of Parcel 1, Property ID No. 28-31-22-32-0010 ("Parcel 2"), is also owned by Grantor and is legally described as follows: That part of Government Lot 3, Section 28, Township 31 North,Range 22 West, Anoka County, Minnesota, lying Southeasterly of the Southeasterly right-of-way line of Old Birch Street. 3. Parcel 1 is subject to an existing roadway easement, recorded with Anoka County as Document No. 144111, in the northeast corner of the Property. Said easement benefits the Northwest Saddle Club located on the adjacent land to the east ("Saddle Club Property") and provides driveway access from that land to Old Birch Street. 4. The Saddle Club Property is, or will be, platted as part of a planned unit development known as Saddle Club First Addition. The street within Saddle Club First Addition that will connect the new development to Old Birch Street will cross a portion of the existing roadway easement, recorded as Document No. 144111. The existing easement, however, is not large enough to accommodate the new street connection so a new right-of-way easement is necessary. 5. Grantor desires to grant, and the City of Lino Lakes, Minnesota, a municipal corporation ("Grantee"), wishes to receive, a perpetual easement across the Parcel I and Parcel 2 for roadway, drainage and utility purposes from Old Birch Street to the Saddle Club First Addition. Easement 1. Grantor, in exchange for the promises set forth herein and a single payment of $5,000.00, hereby grants to Grantee an easement, as further described below, across the following portion of Parcel 1: Beginning of the northeast corner of said Southwest Quarter of the, Southwest Quarter; thence on on assumed hearing of South 00 degrees 21 rninules 12 seconds East, along the Last lint: of Said Southwessl Quarter of the Soutiiwesl Quarter, a distance of 72.22 foot; thence northeasterly a distance of 98.04 feel along a non-targentiol curve concave to Vie southwest hoeing a radius of 27800 feet, o cenfrot angle of 24 degrees 57 minutes 5.3 seconds; and o chord tholl hears North 65 deareer. 47 minutes 53 sec.or,ds West; thence North 00 degrees, 02,, rninutes 49 seconds Fast, not, langont to lost described curve, o distnnca of 37.42 fact Ie Inc north line of said Southwest Quarter of the Southwest (kiortur; thence South 89 re9fe.os 57 rninutos 11 sacond3 East, olang said north line o distance of 88.24 feet to the point of beginning. As well as across the entirety of Parcel 2 (collectively, "the Easement Area"). The Easement Area is shown as the"Proposed Roadway Easement" on the attached Sketch and Description. 2. Grantor grants Grantee a perpetual Easement(a) over and across the Easement Area for the purpose of constructing, using and maintaining a public street and sidewalk, and (b) under the Easement Area for the purpose of constructing, using and maintaining public and municipal utilities, storm water drainage facilities, and all uses related thereto, in accordance with applicable City, State and Federal laws and regulations, all at no expense to Grantor, on the terms and conditions set forth herein. This Easement includes the right to modify the existing grading, clear trees and brush on the Easement Area and otherwise alter the Easement Area as needed to accomplish the aforementioned purposes, provided that no utility lines or conduits or other facilities or equipment shall be constructed above ground. 3. This Easement is granted subject to all matters of record. 4. Whenever pursuant to this Agreement Grantee constructs any improvements in connection with the use and enjoyment of the Easement granted herein, it is understood and agreed that such construction shall be performed in accordance with the following requirements: All such construction shall be performed in a good and workmanlike manner in accordance with sound engineering practice and in compliance with all applicable laws, ordinances, rules and regulations of all local, state and federal agencies and authorities having jurisdiction thereof, and All such improvements shall be constructed and completed free of any mechanic's or materialman's lien, and Grantee hereby agrees i)to indemnify and hold Grantor harmless from and against all loss, damage, cost, expense, action or cause of 2 f I action arising from or in connection with any such mechanic's or materialman's lien, including, without limitation, attorney's fees and expenses and court costs and ii)to obtain and maintain the insurance required pursuant to this Agreement. 5. Grantee hereby agrees that Grantee shall be responsible for all maintenance and repairs relating to the Easement granted herein and shall be directly responsible for the payment of all costs and expenses incurred in connection therewith. As used herein,the phrase "maintenance and repairs" shall mean that the easement and all improvements to be constructed therein in connection with the use and enjoyment thereof shall be kept at all times and from time to time in good order and condition and in compliance with all applicable governmental requirements, including, without limitation, i)the maintenance, repair and/or replacement of any portion or portions thereof as may from time to time be necessary, and ii)the repair and restoration of any damage caused to the property of Grantor resulting from such maintenance,repair and/or replacement. 6. To the extent allowed by law, Grantee agrees to indemnify and defend Grantor and to hold Grantor harmless from and against any loss, claim, damage, cost, expense, liability, action or cause of action, including, without limitation, attorneys' fees and expenses and court costs, arising out of or incurred in connection with Grantee's use of the Easement unless the loss, claim, damage is caused by the negligence or willful misconduct of Grantor. 7. Grantor's rights and responsibilities under this Agreement shall run with the land which is subject to the Easement. To Grantor's actual knowledge Grantor is the owner of Parcels 1 and 2 and has the right, title and capacity to convey this Easement to Grantee. 8. The Grantee's rights and responsibilities under this Easement are not assignable. STATE DEED TAX DUE: NONE. 3 r Comcast CCH Subsidiary Holdings, Inc. By: Its: ✓/ rrw4 L4 C a_ 9 STATE OF MI"'neSID )Ss. COUNTY OF &x-yl ) The foregoing instrument was acknowledged before me this I 1 day of Ma ,2015, by 1✓1 the y P-- r i r vc c�L of Comc st CCH Subsidiary Holdings, Inc., a Delaware corporation, on behalf of the Grantor. o y Public JEAN W STRINGER 4 Notary Public State of Minnesota My Commission Expires January 31. 2020 4 r City of Lino Lakes By: Jeff Rei rt or 9 Bartell, ity k STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ,9 a y of ,PM 6PV—, 2015, by Jeff Reinert and Julie Bartell, the Mayor and City Clerk, respectively, of Lino Lakes, a Minnesota municipal corporation, on behalf of the Grantee. otary Public This instrument drafted by: Ratwik,Roszak&Maloney,P.A. 730 2nd Avenue South,Suite 300 tiSAY t10(iSiAQOS Minneapolis,MN 55402 No�orr P�bfK (612)339-0060 ky, (JJD 5 SKEW N AND TRAvELED 4 OF BIRCH STREET- � (Owner: Sara & Sean Mooney) DESCRIPTION - - PI": 28-3, 22-32_Q)D,B (Owner Grou w `le} NE CORNER of Sw1/4-SWI/4 PIN: 28-31 -2 3 .`b41 �\ sECTION 28.TWP. 1 .' 11� -� —for— DUPONT HOLDINGS,LLC � OLD BIRCH STREET 31,RGE 221 I "r1i -NORTH LINE OF SWI 4- _ 22 584� E .88. t.,.-, FppT pyJg r{ R gip` +' 1 ROADWAY EASENENT `4 I N N Q O 894 r - PER DOC.NO.144111 .892 y ccam o FMFH� � i K I ♦ i \ �b, ds • \ N NORTH ` --- DENOTES PROPOSED ------=� ROADWAY EASEMENT (PI N#28-31-22-33-0003) (AREA = 4,279 S.F.) (AREA LYING SOUTHERLYH OF A CURRENT 33' R/W o� �� A7 FOR OLD BIRCH STREET ?N x-­ X 1.364 S.F.) Ex wU Ll_ r - DENOTES PROPOSED /v\ \K I L1J ROADWAY EASEMENT (PIN#28-31-22-32-0010) --' (AREA = 265t S.F.) 1 I _ L1J O _ L_J PROPOSED ROADWAY v EASEMENT DESCRIPTION (PIN#28-31-22-32-0010) L-J 1� , 1 , 1 A perpetual easement for roadway, drainage 1.1J and utility purposes over, under and across that part of Government Lot 3, Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, lying Southeasterly of e, the Southeasterly right—of—way line of Old Birch Street. Ll_ Ll_ -SOUTH LINE OF SW1/4-SW1/4 SECTION 28,TWP.31,RGE 22 PROPOSED ROADWAY EASEMENT DESCRIPTION (PIN#28-31-22-33-0003) A perpetual easement for roadway, drainage and utility purposes over, under and across that part of the East 330.00 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 21 minutes 12 seconds East, along the east line of said Southwest Quarter of the Southwest Quarter, a distance of 72.22 feet; thence northeasterly a distance of 98.04 feet along a non—tangential curve concave to the southwest having a radius of 225.00 feet, a central angle of 24 degrees 57 minutes 53 seconds and a chord that bears North 65 degrees 47 minutes 53 seconds West; thence North 00 degrees 02 minutes 49 seconds East, not tangent to last described curve, a distance of 32.42 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 57 minutes 11 seconds East, along said north line a distance of 88.24 feet to the paint of beginning. Scale 1"= 40' 1 Drawn By: JEN Project Manager: DWO ,lob No.: 12589PP a Denotes Iron Set • Denotes Iron Found Bearings shown are on an assumed datum. l hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that l am a duly Registered Land Surveyor under the laws E_A_ RHO L SONS. INC_ of th State o Minnesota. Doted this 8th day of Ju/V , 2014. r5w Professional Land Surveyors wW agnid,aom 6776 Lake Drive NE,Suite 110 License No. 25341 Lino Lakes,MN 55014 Tel.(651)361.8200 Fox(651)361.8701 S: ,ud CAD 12proj 12589 12589PP-ROAD-EASEMENTS.dwg 7 B 2014 2:25:44 PM CDT ANOKA COUNTY MINNESOTA Document No.: 536590.005 TORRENS gNOKA COUNTY MINNESOTA I hereby certify that the within instrument was tiled in Document No.. 2129812.001 ABSTRACT this office for record on: 02"11 2016 12:49:00 PM I hereby certify that the Noithin instrument iN,as filed in this office fin-record on: 02;'11,2016 12:49:00 PM FeeslTa�es In the Amount of $46.00 JONELL I\1. SAWYER Fees Taxes In the Aiiount of $46.00 Anoka County Property Tax JONELL X1. SAWYER Administrator'Recorder-Registrar of Titles �iloka County Property Tax Administrator,,Recorder%Registrar of Titles LBS, Deputy LBS, Deputy Record ID: 3835042 Record ID: 3835044