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Home My WebLink About2013-075 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 13-75 RESOLUTION APPROVING DECLARATION OF ACCESS CONTROL FOR MAIN STREET SHOPPES WHEREAS, the City's Resolution No. 13 -59 Approving the Preliminary and Final Plat for Main Street Shoppes required, as a condition of approval, a Declaration of Access Control. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Declaration of Access Control between CM Properties 14, LLC and the City of Lino Lakes, for Main Street Shoppes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 24th day of June, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, Reinert The following voted against same: none ATTEST: Ju' anne Bartell, C. Clerk CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: June 24, 2013 TOPIC: Consider Resolution No. 13 -75, Approving Declaration of Access Control for Main Street Shoppes VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the Declaration of Access Control for Main Street Shoppes. BACKGROUND III The City Council approved the Final Plat for Main Street Shoppes on May 13, 2013 with Resolution No. 13 -59 subject to the condition a Declaration of Access Control is executed by and between the developer and City. The City Attorney has prepared the Declaration of Access Control which states the private access driveway to the development will have full access to Otter Lake Road upon completion, but such full access must be reduced to right -in, right -out access upon further extension of the Otter Lake Road. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -75. ATTACHMENTS 1. Resolution No. 13 -75 2. Declaration of Access Control 3. Final Plat -Main Street Shoppes • • • • [Reserved for recording data.] DECLARATION OF ACCESS CONTROL Main Street Shoppes THIS AGREEMENT made this day of , 2013, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City," and CM Properties 14, LLC whose address is 3470 Washington Drive, Suite 102, Eagan, MN 55122 hereinafter referred to as the "Developer." WHEREAS, the Developer has received preliminary and final plat approval from the City Council for a plat of land within the corporate limits of the City known as Main Street Shoppes hereinafter called "Subdivision," said land is legally described as follows: The West Half of the Northeast Quarter of the Northeast Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, including Parcels 4B and 5A of Anoka County Highway Right of Way Plat No. 65, subject to easements of record. WHEREAS, an approximately 365 foot extension of Otter Lake Road north of Main Street (County State Aid Highway 14) is currently under construction (the "Initial Extension "); and WHEREAS, the Improvements within the Subdivision include the construction of a private access driveway off of the Initial Extension, as said private access driveway is described in the Development Contract between the City and the Developer and the plans referenced therein; and WHEREAS, the private access driveway will have full access to the Initial Extension upon completion, but such full access must be reduced to right -in, right -out access upon further extension of the Otter Lake Road, in accordance with the City's Transportation Plan and Anoka • County's Access Management Guidelines; and WHEREAS, the City's Resolution No. 13 -59 Approving the Preliminary and Final Plat for Main Street Shoppes required, as a condition of approval, this Declaration of Access Control. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the Parties as follows: 1. Upon completion of the Initial Extension north of Main Street, the Developer shall have full access to Otter Lake Road to and from the private access driveway located on the northern boundary of Lot 1, Block 1 of the Subdivision. No other access points to or from Otter Lake Road shall be constructed without written approval from the City. 2. Developer acknowledges and agrees that the full access described in Paragraph 1 shall be restricted to right -in, right -out access upon completion of an additional extension of Otter Lake Road northward to a point where such extension includes a full access intersection. Said intersection shall be south of the northerly boundary of the Subdivision At such time, full access to Otter Lake Road from the Subdivision shall occur only at the new intersection as approved by the City. 3. The cost of signage limiting the private access driveway to right -in, right -out shall be paid by the Developer at the time the signage is installed. CM PROPERTIES 14, LLC CITY OF LINO LAKES By By Chief Manager Mayor ATTEST: By Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , 20_, before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public 2 STATE OF MINNESOTA ) • ) SS COUNTY OF ANOKA ) On this day of for said County, personally appeared the , of Minnesota, and that they executed the foregoing executed the same on behalf of said corporation. This instrument drafted by: Ratwik, Roszak & Maloney, P.A. 730 2nd Ave. S., Suite 300 Minneapolis, MN 55402 (612) 339-0060 JJL • • , 20_, before me, a Notary Public within and (Developer), to me known to be , a corporation under the laws of the State of instrument and acknowledged that they/he Notary Public MAIN STREET SHOPPES KNOW ALL PERSONS BY THESE PRESENTS: That CM Properties 14, LLC, a Minnesota Limited Liability Corporation, owner of the following described property: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 31, RANGE 22, ANOKA COUNTY, MINNESOTA, INCLUDING PARCELS 4B AND 5A OF ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 65, SUBJECT TO EASEMENTS OF RECORD. Have caused the same to be surveyed and platted as MAIN STREET SHOPPES and does hereby dedicate to the public for public use public ways and the drainage and utility easements as shown on this plat Also dedicating to the County of Anoka the right of access ono County State Aid Highway Number 14 as shown on this plat In witness whereof said CM Pmperlies 14, LLC, a Minnesota Limited Liability Corporation, has caused these presents to be signed by its proper officers this day of , 20 . CM Properties 14, LLC STATE OF COUNTY OF This instrument was acknowledged before me this day of , 20 by , its and by , its of CM Properties 14, LLC, a Minnesota Limited Liability Corporation . Notary Public, County, My Commission Expires i Scott C. Trosen do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a coned representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be comedy set within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of ,20 Scott C. Trosen Licensed Land Surveyor Minnesota License No. 47465 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of 20 by Scott C. Trosen. Notary Public, County, My Commission Expires CITY COUNCIL, LINO LAKES, MINNESOTA This plat of MAIN STREET SHOPPES was approved and accepted by the City Council of the City of Lino Lakes, Mouesota at a regular meeting thereof held this day of 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd 2. CITY COUNCIL, CITY OF LINO LAKES, MINNESOTA Jeff Reinert, Mayor Julie Bartell, City Cleric COUNTY SURVEYOR J hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this of 20 . Larry D. Hoium, Anoka County Surveyor day CITY OF UNO LAKES COUNTY OF ANOKA SEC. 24, TWP. 31, RNG. 22 • • • • L A N D F 0 R Me • From Site to Finish • s SHEET 1 OF 2 SHEETS 6- O ▪ co ¢ Cp • co 'o SWAMP WET LAND 265.00 A A 1 • \ . WATER ELEVATION-908.3 5 5 w R LOCATED FEBRUARY 4, 2013 J ▪ � I go • co 0 / \ — — MAIN STREET SHOPPES - -EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER S00°00' 44"E 1218.57 WET LAND 1 590.70 1 1 \ N00 °06'0 OUTLOT A 10 IC 352.09 12 h '2 N00'06'05 "W 292.00 �+ 1 BLOCK 1 N0056'OS "W 213.00 / ]`•Q _ . g D\ '4 Q 1 cV- �r t7 2 yCO 565.09 N00'06'05 "W OTTER LAKE DRIVE 565.09 'W 1155.79 ,.- -WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 24, TWP. 31, RGE 22 12 __ WEST LINE OF THE WE IT HALF OF THE NORTHEAST QUARTER 1485.81 500'06'05 "E CITY OF LINO LAKES COUNTY OF ANOKA SEC. 24, TWP. 31, RNG. 22 FOR THE PURPOSES OF THIS PLAT, THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 31, RANGE 22 IS ASSUMED TO BEAR NORTH 68 DEGREES 57 MINUTES 28 EAST. • DENOTES IRON MONUMENT FOUND 6 DENOTES CAST IRON MONUMENT FOUND O DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT, SET AND MARKED WITH MINNESOTA LICENSE NO. 47465 DENOTES RIGHT OF ACCESS DEDICATED TO COUNTY OF ANOKA BENCHMARK: MNDOT GSID STATION #92399 STATION NAME: 0282 5 IN LINO LAKES, AT JUNCTION OF INTERSTATE HIGHWAY 35E AND COUNTY 14, AT INTERSTATE HIGHWAY 35E MILEPOINT 123.40, 50.1 FEET SOUTH OF COUNTY ROAD 14 EAST BOUND, 1.5 FEET NORTH OF WITNESS POST. ELEVATION = 931.47 (NAVD 88) DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: ;NOT TO SCALE) 5- 5 L __1 4 4 L10 BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES UNLESS OTHERWISE SHOWN AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES UNLESS OTHERWISE SHOWN • ••• NORTH 0 60 120 SCALE IN FEET 1 INCH =60 FEET • • • • L A N D F O R M From Site to Finish • • SHEET 2 OF 2 SHEETS