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Home My WebLink About2005-047 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 05-47 RESOLUTION APPROVING A REGISTERED LAND SURVEY ON THE NORTH SIDE OF NORTH ROAD WHEREAS, the City has received an application from the City of Circle Pines for a Registered Land Survey (RLS); and WHEREAS, the RLS requires approval of the City of Lino Lakes City Council because the site is within the City of Lino Lakes; and WHEREAS, an RLS is to be reviewed and processed in the same manner as a plat without the need for separate preliminary plat and final plat; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 9 and March 9, 2005; NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Registered Land Survey. BE IT FURTHER RESOLVED that, though the RLS does subdivide existing parcels into new tracts, Tracts D, E, F, G, H, I, J are not developable in and of themselves because of their sizes, and configurations, and locations. BE IT FURTHER RESOLVED that the City of Lino Lakes recognizes that most of the tracts in the RLS are encumbered by road easements that would have to be vacated to make them developable. BE IT FURTHER RESOLVED that this approval is based on the following plans and information: Registered Land Survey received March 3, 2005 Letter from James W. Keinath, Circle Pines City Administrator, March I, 2005 Passed by the Lino Lakes City Council this I day of ATTEST: • J. Ber_ - son, ' ayor • Ann Blair, C Cler 2005. • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 11, 2005 TOPIC: Resolution 05 -47 Registered Land Survey North Road/Lake Drive Area City of Circle Pines BACKGROUND The City of Circle Pines wishes to acquire a small area of land on the south side of North Road. This area is covered by county road easement for Lake Drive. Over time, the easements in this area became complex. Circle Pines wants to clear up the easement definitions to facilitate their property acquisition efforts. A registered land survey (RLS) is a common means of accomplishing this. The RLS is similar to a plat and must be processed like a plat. The entire area proposed for the RLS is within Lino Lakes, so Lino Lakes must review it. We are facing a 120 -day deadline for a subdivision. The deadline is April 14, so City Council must act at the April 11 meeting unless the City of Circle Pines agrees to an extension. ANALYSIS Comprehensive Plan, Land Use, Zoning The table below identifies the existing land use, guided land use, and zoning for the area. Location Existing Land Use Guided Land Use Existing Zoning Site residential and road right of way Low Density Unsewered Residential LI Light Industrial North residential Low Density Unsewered Residential R -1 Single Family Residential South City of Circle Pines City of Circle Pines City of Circle Pines East residential Low Density Unsewered Residential R -1 Single Family Residential West residential and road right of way Low Density Unsewered Residential R -1 Single Family Residential The RLS would not create any new developable lots. • Registered Land Survey North Road Area page 2 Discussion In the past, Lake Drive (CSAH 23) was State Trunk Highway 8. It since has been turned over to Anoka County. Apparently, the legal descriptions of the easement(s) for the road are complicated and confusing. The RLS is intended to clarify where the easements are in order to facilitate the purchase of some property by Circle Pines. As long as this was occurring, we took the opportunity to clarify some additional issues. The subject area is within the Lexington Park Lake View plat, which was platted in 1946. The roads were dedicated to the public, as is typical when new developments are platted. The existing lots and the proposed tracts correspond as follows: Lexington Park Lake View (platted 1946) proposed Registered Land Survey Tract Lot 11, Block 8 Tracts C & D Lot 12, Block 8 Tract A & B Lot 9, Block 10 Tracts I & K Lot 10, Block 10 Tract L Lot 11, Block 10 Tract M Lot 12, Block 10 Tract N Lot 13, Block 10 Tract 0 Lot 14, Block 10 Tract P portion of Sunrise Drive Tract J portion of Sunrise Drive and portion North Road Tract G portions of North Road Tracts E and F portion of North Road Tract H The proposed RLS does not move any property boundaries. However, it would create some additional lots within the boundaries of existing lots in order to define the road easement areas. That is, a parcel that now is one lot with the road easement over part of it would become two lots (tracts): one within the easement and one outside the easement. The ownership of the property would not change with the RLS. It would make it easier to vacate the easement or sell property covered by the easement because the legal description of the easement area would become "Tract _x_ of RLS No. ". Ownership: We asked Circle Pines to resolve ownership of the underlying parcels. We need to ensure that the needs and rights of Lino Lakes property owners are adequately considered. The table below lists ownership information. Sunrise Drive and North Road were dedicated as part of the 1946 plat. Lino Lakes didn't exist when the plat was • Registered Land Survey North Road Area page 3 recorded. Whether the City or County actually own the roads would need to be determined, but this is not a vital point for now. Lexington Park Lake View (platted 1946) proposed Registered Land Survey Tract ownership Lot 11, Block 8 Tracts C & D Clingingsmith & Fletcher Lot 12, Block 8 Tract A & B City of Lino Lakes Lot 9, Block 10 Tracts I & K City of Lino Lakes Lot 10, Block 10 Tract L Clingingsmith & Fletcher Lot 11, Block 10 Tract M Clingingsmith & Fletcher Clingingsmith & Fletcher Clingingsmith & Fletcher Lot 12, Block 10 Tract N Lot 13, Block 10 Tract 0 Lot 14, Block 10 Tract P Clingingsmith & Fletcher portion of Sunrise Drive Tract J Anoka County or Lino Lakes portion of Sunrise Drive and portion of North Road Tract F & G Anoka County or Lino Lakes portion of North Road Tract E Anoka County portion of North Road Tract H Anoka County Land Owners' Agreement on the RLS: On a plat, the signatures of all with interest in the property must sign the plat or sign a separate consent to plat document. The RLS does not have a signature page and the RLS is being proposed by the City of Circle Pines, which is not the property owner of the land in question. The situation is different from a typical plat. Our city attorney discussed this question with the Anoka County Examiner of Titles. The answer is rather surprising. There is no requirement in state statute that a property owner must sign off on or even agree to a registered land survey on his property. While the proposed RLS seems to be splitting property into separate tracts, it is in effect only defining an existing easement by making it a separate tract of land. According to the City Attorney's discussion with the Examiner of Titles, this does not require property owner agreement. Nonetheless, in the interest of fairness, we wanted the existing owners to be aware of the proposed RLS. Staff met with Jan Clingingsmith and Darwin Fletcher to ensure they understood the RLS. Northern Right of Way Line: Several of the attached drawings show the northern road easement /right of way line running in a southwest to northeast diagonal across the westernmost area of the RLS. You can see that the line appears in different places on different drawings. We asked Circle Pines to have this clarified. The RLS was revised to include this right of way boundary as the line separating Tracts A and B. Registered Land Survey North Road Area page 4 The Anoka County Surveyor's office has determined that the line on the proposed RLS is the accurate edge of the road easement and the line on the half - section is inaccurate. PLANNING & ZONING BOARD The P & Z held a public hearing over its February and March meetings. The Board recommended approval. OPTIONS 1. Approve the proposed Registered Land Survey 2. Deny the proposed Registered Land Survey RECOMMENDATION Option 1 • • win crwVicivi i Q..L4.KES sio. •N -IAAC a'mi ,;:; Gov — .�� o7 .I ' ' / /q� At 'C11� WENi.. -EA� <. QI Ai FT TN ADO R -N /N DANE ,zwina 11OR1 C 1.1111111111111 r�i'a uuiR.s_ Mow IMMO MEM MEM EO ND'1D'E LA'ND\ V, Rice Lake h II/,!r4 I/rAzz arta 111311 _41q r n_ , 4 - ur nm III 1111• 41t% WI1l11 al ` 1l► U�� i11 11 Mfli XE7I REGISTERED LAND SURVEY NO. ANOKA COUNTY, MINNESOTA \ -v, SECTION 19, TWP. 31, RGE. 22 LOCA110N MAP NO SCALE OQOO C7oo ) City of Lino Lakes County of Anoka Sec. 19, T. 31, R.22 0 50 100 200 GRAPHIC SCALE IN FEET (PLAT) = DENOTES PLAT DIMENSIONS PER THE PLAT OF LEXINGTON PARK LAKE VIEW r' O p = DENOTES FOUND ANOKA COUNTY CAST IRON MONUMENT. • - DENOTES FOUND IRON MONUMENT. p = DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NUMBER 19828. FOR THE PURPOSES OF THIS R.L.S. THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SEC. 19, T. 31, R. 22, I5 ASSUMED TO HAVE A BEARING OF S88'59'O61'W. {L* * * PINUP * enpinearfnp •11* ** we selam • o\v. Moeae uro n.w=a• LINPSCIPL .sanma "O 53,0551 � ` `r' e M£PS . 4Z TRACT L (310.00 PLAT) S00'48'12 -1 309.92 MEAS. _ .� W / U 27 1 55 83 00' p 48i '1\124:::::2545.:E1.030•03” 1iv m V 164.43 SUNRISE i 1m 00° w„R rE , 15766 )0O,o 12 DRS V I m TRACT J -- �i ct c\ \ � NI 11f0 n 'J J Lm Qo n p dN te n a f N a 09 m<CtV n . , 0 i 2 1 34t' ' i3. V • o, °q. // (� F- 1 n0 IA emu ;M m �� V O rlvi 4tYS 575 N Q / iv I _ I - A mY toal aD C� V 'en n) 44:1.4'.4.7- N� -J Q m h `1'h p=,oa viii N {� �\' 9' ,y0 ,41ry� inn w= 119.47 • 125.86 rupc, 2422 EntsrpMse Drive Mendota HeIghtt MN 55120 (1561) 1151-1914 FA16/61 —.466 210 55th Avenue N.W. Coon Raphte. MN 55433 (763) 763 -1660 FAX 733-11133 500 °3013- E } 254.71 W LINE OF LOT 11. — BLOCK 8. LEXINGTON .• N 1 PARK LAKE MEW ... cn S'LY EXTENSION OF LOT 11.." BLOCK B. LEXINGTON m PARK LAKE VIEW i33S 5133 S) c (, . - • 0 0 Li c Ir —J N Chi f ▪ N ''I cc ¢ 0 :DI " 1n . , 01 W7.3 00 -1 =I 2 VIP it 1 33 05, • rnID • 1/ r' L') SW CORNER OF SEC. 19, \ 1 TWP. 31, RGE. 22 ' (FOUND ANOKA CO. MON.) '— 1 TRACT E SHEET 2 OF 2 SHEETS -45G- REGISTERED LAND SURVEY NO. ANOKA COUNTY, MINNESOTA City of Lino Lakes County of Anoka Sec. 19, T. 31, R.22 I hereby certify that in accordance with the provisions of Chapter 508, Minnesoto Statutes of 1949, as amended, I have surveyed the following described property situated in the County of Anoka, State of Minnesota Lot Eleven (11). Block Eight (8), Lexington Pork Lake View. Together with: Lot Twelve (12), Block Eight (8), Lexington Pork Loke View. Together with: Lot nine (9), Block Ten (10), Lexington Pork Loke View. Together with: Lots Ten (10) to Fourteen (14). inclusive. Block Ten (10), All in Lexington Pork Lake View. Together with: All tht part of SUNRISE DRIVE os delineated and dedicated on said LEXINGTON PARK LAKE VIEW lying southerly of tha easterly extension of the north line of sold Lot 12, Block 8.. Together with: All tht port of NORTH ROAD (F.K.A. LAKE DRIVE) as delineated and dedicated on said plot of LEXINGTON PARK LAKE VIEW lying easterly of the southerly extension of the west line of sold Lot .11, Block 8 and lying westerly of the southwesterly extension of the southeosterly line of said Lot 10, Block 10. I hereby certify that this Registered Lond Survey is a correct delineation of soid survey. Dated this day of 20 BY: John C. Larson, Professional Land Surveyor Minnesota License No. 19828 STATE OF MINNESOTA COUNTY OF The foregoing Surveyors Certificate was acknowledged before me this day of 20 by John C. Larson. Minnesoto License No. 19828. CITY OF UNO LAKES This Registered Lond Survey was approved and accepted by the City Council of the City of Lino Lakes, Minnesota, of o regular meeting thereof held this day of 2004. Notary Public County, Minnesota My commission Expires By its Mayor By its Clerk ANOKA COUNTY SURVEYOR Checked and approved this _ day of 20, * PIOI�� if engineering * ** Lorry Hoium Anoka County Surveyor OWL a,aems uve nrrw. uw+r+rc .imnrm 2422 Enterprise Drive Mendota Heights. MN 55120 (501) (101 -1514 FAXI11e1 -9455 210 SStn Avenue N.W. Coon Rapids, MN 55433 (757) 743 -1550 FAMC753-1eeI SHEET 1 OF 2 SHEETS -45H- • N ,n4f/ • • ';' 6 • ): ;1: k; •,. , -.9"y 4 H ) p y, „ , ID3ti JO aDiji 0 Nk' /AY IJIYC a 18CW . escor 6. 1 --t Z • 19 4 k .5 '/5 4 ., 17 • _5_ "4., 1c 1 1 4 a t... 'L.. is Cn c .- Is § 8 14 t tkt a q 8 'i 19 t -41 9 v . a g a f0 .4 •'/I 14 ri at 192.51 t91.51 R. 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