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Home My WebLink About2020-005 Council Ordinances• • • 1st Reading: 10/26/2020 2' Reading: 11/9/2020 Publication: 11 / 17/2020 Effective: 12/17/2020 CITY OF LINO LAKES ORDINANCE NO. 05-20 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Lot 14, 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 14, Block 2, NORTHPOINTE 2ND ADDITION, as shown in Exhibit A and legally described as follows: Commencing at the Northeast corner of said Lot 14; thence South 00 degrees 18 minutes 29 seconds East, assumed bearing, along the East line of said Lot 14, a distance of 12.12 feet; thence South 52 degrees 57 minutes 05 seconds West, 62.39 feet to the point of beginning of the area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 33.74 feet; thence North 20 degrees 50 minutes 19 seconds West, 15.14 feet; thence North 69 degrees 09 minutes 41 seconds East, 32.40 feet; thence South 20 degrees 50 minutes 19 seconds East, 5.72 feet to the point of beginning. Said easement contains ±338 sq. ft.; and 2. A public hearing was held on October 26, 2020 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 14, Block 2, NORTHPOINTE 2ND ADDITION. Adopted by the Lino Lakes City Council this 9' day of November, 2020. The motion for the adoption of the foregoing ordinance was introduced by Councilmember Cavegn and was duly seconded by Councilmember Stoesz and upon vote being taken thereon, the following voted in favor thereof: Cavegn, Stoesz, Lyden, Rafferty The following voted against same: none (Absent - Ruhland) ATTEST: Julian e Bartell, City lerk ♦ 4L`fC��. Rob Rafferty, Mayor 1 • • CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 9, 2020 TOPIC: 2063 Palm Street Drainage and Utility Easement Vacation i) Consider 2nd Reading of Ordinance No. 05-20, Vacating Drainage and Utility Easement Lot 14, Block 2 of NorthPointe 2nd Addition *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 20-132, Approving Summary Publication of Ordinance No. 05-20 VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of Ordinance No. 05-20, Vacating Drainage & Utility Easements, Lot 14, Block 2, Northpointe 2nd Addition. BACKGROUND 2063 Palm Street is a residential parcel located on the north side of Palm Street. The property owners, Brandon and Anna Newman, 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, Brandon and Anna Newman, 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 provided their Consent to Improvements for the proposed deck. It is the property owner's responsibility to work with Xcel Energy on an agreement regarding the Xcel easements. 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 applicant is required to remove all accessory structures from adjacent City property and be in compliance with setback requirements. • • • The Drainage and Utility Easement Vacation Description Sketch prepared by Carlson McCain and received on September 24, 2020 details the proposed drainage and utility area to be vacated and the proposed location of the deck. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 05-20 Vacating Drainage & Utility Easements, Lot 14, Block 2, NorthPointe 2nd Addition, and approval of Resolution No. 20-132, Approving Summary Publication of Ordinance No. 05-20. ATTACHMENTS 1. Ordinance No. 05-20 2. Drainage and Utility Easement Vacation Description Sketch 3. Resolution 20-132 _ Northeast Corner of ,' Lot 14, Block 2 0 I rr\ _ East line of ,' Lot 14, Block 2 r ORA/NAGE AND UT/L/TY EASEMENT VACA T/ON DESCR/PT/ON That part of the existing drainage and utility easement, as created and dedicated over, under, and across Lot 14, Block 2, NORTHPOINTE 2ND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 14; thence South 00 degrees 18 minutes 29 seconds East, assumed bearing, along the East line of said Lot 14, a distance of 12.12 feet; thence South 52 degrees 57 minutes 05 seconds West, 62.39 feet to the point of beginning of the area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 33.74 feet; thence North 20 degrees 50 minutes 19 seconds West, 15.14 feet; thence North 69 degrees 09 minutes 41 seconds East, 32.40 feet; thence South 20 degrees 50 minutes 19 seconds East, 5.72 feet to the point of beginning. Said easement contains ±338 sq. ft. Drainage and Utility Easement Vacation Area L _J CARLSONENGINEERING "% SURVEYING am'n aw w�. as