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Home My WebLink About2011-028 Council Resolution• • • Council Member Roeser introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -28 RESOLUTION APPROVING CERTIFICATE OF PLAT CORRECTION CENTURY FARM NORTH 3RD ADDITION WHEREAS, The final plat for Century Farm North 3rd Addition received City Council approval on March 14, 2005 with Resolution No. 05 -27; and WHEREAS, some errors were discovered regarding survey bearings; and WHEREAS, Minnesota Statutes 505.174 and 505.176 provide the method for correction such an omission; and. WHEREAS, the City has received a certificate of correction from the surveyor which describes the omission and the correction; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the Certificate of Plat correction for the Century Farm North 3rd Addition plat. Adopted by the Lino Lakes City Council this 1 4th ay of M.r -Eh , 2011. st: Julianne B. ell, y Clerk Jeff Rei -r Mayor Adopted by the Lino Lakes City Council this 1 4th day of March The motion for the adoption of the foregoing resolution was duly seconded by Gallup and upon a vote being taken thereon, the following thereof: Roeser, Gallup, Rafferty, Reinert The following voted against same: none (Absent — O'Donnell) Whereupon said resolution was declared duly passed and adopted. , 2011. Council Member voted in favor • • AGENDA ITEM 1 D STAFF ORIGINATOR: Jeff Smyser MEETING DATE: March 14, 2011 TOPIC: Resolution No. 11 -28 Approving Certificate of Plat Correction: Century Farm North 3rd Addition VOTE REQUIRED: 3/5 BACKGROUND The final plat for Century Farm North 3`d Addition received City Council approval in 2005 with Resolution No. 05 -27. Recently, some errors were discovered in data regarding survey bearings. State law provides the method for correcting such errors. Minnesota Statute 505.174 and 505.176 require that the surveyor complete a certificate describing the correction, which then is approved and signed by the city. The correction then is recorded in county property records. We have received the certificate from the surveyor. Staff has reviewed the correction of the minor omission and recommends approval. RECOMMENDATION 1. Approve Resolution No. 11 -28, approving Certificate of Plat Correction for Century Farm North 3rd Addition. 2. Return to staff with direction. • LAND SURVEYOR'S CERTIFICATE OF PLAT CORRECTION Pursuant to the provisions of Minnesota Statutes, Section 505.174,1 Todd M. Hendershott, a duly Licensed Land Surveyor in and for the State of Minnesota declares. as follows: 1, That 1 prepare(' the plat of CENTURY FARM NORTH 3RD ADDT1ON dated May 5, 2005 and filed on August 24, 2005 in the Office of the County Recorder, Anoka County, Minnesota, as Document No. 1977714.001, in Book 70 Abstract, Page 12, 2. That said plat contains errors. omissions or defects described in particular as follows: On sheet 1 of 3 sheets the acknowledgement to Todd M. Hendershott, Land Surveyor signed by Alan Irwin is missing the year. On sheet 2 of 3 sheets bearings on the northand soutli lines ofLot 1, Block 2, are erroneously labeled as N87°5946''W. Also on sheet 2 the tie from the Northwest corner of Lot 1, Block 2, to the Northwest corner of Block 2, also being the Southwest corner of Oudot "D" is erroneously labeled as S79°34'25"E with a distance of 24.75 feet, Also on sheet 2 the tie from the Northeast corner of Lot 1, Block 2, to the Northeast corner of Block 2, also betng the Southeast cornet of Oudot "D- i ettuncously labeled as 381"3932"W. Also on sheet 2 the south line of Lot 2, Block 2, is labeled as N79°2417"W and is missing the minute symbol 3. That said plat is hereby corrected in particular as follows: The date of the acknowledgement should be the 5th day of May 2005. The hearings on the north and south lines of Lot 1, Block 2, should be labeled as N87°59'46"E The tie from the Northwest corner of Lot 1, Block 2 to the Northwest corner of Block 2, also being the Southwest corner of Oudot -D" should be labeled S79°42'56"E with a distance of 24.73 feet. The tie from the Northeast corner of Lot 1, Block 2, to the Northeast comer of Block 2, also being. the Southeast earner of Oudot "D" should be labeled N81°44'2T'E with a distance of 48,30 feet, The south line of Lot 2, Block 2, should be labeled as N79°24'17"W. 1 hereby certify that this Sun,eyor's Certificate of Plat Correction was prepared by me or under my direct supervision and that 1 am a duty Licensed land Surveyor under the laws of the State of Minnesota. Dated this 21' day of February, 2011 Todd M. Hendershott, Licensed Land Surveyor Minnesota License No 43806 This Surveyor's Certificate of Plat Correction to the plat of CENTURY FARM NORTH 3RD ADDITION was approved by the City of Lino Lakes-, Minnesota at a regular meeting held this day of , 2011. City of lino Lakes. Minneson , Mayor Clerk NOTE: This is a copy of the certificate. Mayor and Clerk signatures must be on the original. County Surveyor This Surveyor's Cectili,rute of Plar. Conectior4 has been reviewed and is approved this 201l. LE'lirry Heium, Art(Aa County Surveyor • • • 2010 Minnesota Statutes 505.174 SURVEYOR'S CERTIFICATE OF OWN PLAT ERROR; CORRECTION. In any case where a land plat or subdivision, or what purports to be a land plat or subdivision, has been executed and filed in the office of the county recorder of the county where the land is situated, which fails to identify or correctly describe the land to be so platted or subdivided, or to show correctly upon its face the tract of land intended or purported to be platted or subdivided thereby or is defective by reason of the plat or subdivision and the description of the land purported to be so platted or subdivided thereby being inconsistent or incorrect, the registered surveyor who prepared such plat or subdivision may execute a certificate stating the nature of the error, omission or defect and stating the correct information to correct such error, supply such omission or cure such defect, referring, by correct book and page, to such plat or subdivision and designating its name, if there is a name. Such certificate shall be dated and signed by such registered surveyor. History: 1955 c 472 s 1; 1976 c 181 s 2 505.176 APPROVAL OF CERTIFICATES; FILING AND RECORDING. When the certificate has been approved by the governing body of the area involved and a certificate stating that said plat certificate has been approved by the governing body signed by the clerk of said body is attached to said plat certificate, the county recorder of the county in which the land so platted or subdivided is located shall accept each such certificate for filing and recording in the recorder's office upon payment of a fee therefor commensurate with the length of the certificate. Neither witnesses nor an acknowledgment shall be required on any such certificate, but it shall be signed by the registered surveyor and shall state following the signature that the surveyor is a registered surveyor in the state of Minnesota. The county recorder shall make suitable notations on the record of the plat or subdivision to which such certificate refers to direct the attention of anyone examining such plat or subdivision to the record of such certificate. History: 1955 c 472 s 3; 1976 c 181 s 2; 1986 c 444