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HomeMy WebLinkAbout2013-123 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 13 -123 RESOLUTION APPROVING DECLARATION OF ACCESS CONTROL FOR ALINO ADDITION WHEREAS, the City's Resolution No. 13 -121 Approving the Final Plat for Alino Addition 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 Richard Schreier, ALino LLC and the City of Lino Lakes, for Alino Addition 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 9th day of Dec , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member S toes z and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, O'Donnell, Roeser, Reinert The following voted against same: none ATTEST: 3u1 e Bartell, Ci C • • [Reserved for recording data.] DECLARATION OF ACCESS CONTROL Alino Addition, City of Lino Lakes, Anoka County, Minnesota 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 Richard J. Schreier, a single person whose address is 2125 Desoto Street, Maplewood, MN 55117, and ALino LLC, a Minnesota limited liability corporation whose address is 95 South Owasso Boulevard West, Little Canada, MN 55117 hereinafter collectively referred to as the "Developer." WHEREAS, the Developer received preliminary and final plat approval from the City Council for a plat of land within the corporate limits of the City known as Alino Addition, and said land is legally described as follows: That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota lying westerly and northerly of ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT NO. 75, according to the recorded plat thereof, Anoka County, Minnesota and WHEREAS, Richard J. Schreier is the fee owner of Alino Addition and ALino LLC is the contract purchaser; and WHEREAS, an approximately 1200 foot extension of 21St Avenue North to the north of Main Street (County State Aid Highway 14) is currently under construction; and WHEREAS, the improvements within Lot 1, Block 1 of Alino Addition include the construction of a private access driveway off of the east side of 21st Avenue North at the southern edge of Lot 1, Block 1, approximately 600 feet north of Main Street; and WHEREAS, the Developer desires to have full access to 21st Avenue North to and from Lot 1, Block 1, upon completion of the street improvements; and WHEREAS, if Outlot A of Alino Addition is developed in the future, access shall be at approximately 300 feet north of Main Street and must be restricted to right -in, right -out in accordance with the City's Transportation Plan and Anoka County's Access Management Guidelines; and WHEREAS, the City's Resolution No. 13 -76 Approving the Preliminary Plat and the City's Resolution No. 13 -121 Approving the Final Plat for the Alino Addition 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 21st Avenue North adjacent to Alino Addition, the City shall grant Developer full access to 21st Avenue North to and from the private access driveway located at the southern boundary of Lot 1, Block 1 of the Alino Addition. No other access points to or from 21st Avenue North from Lot 1, Block 1 shall be constructed without written approval from the City. 2. Developer acknowledges and agrees that in the event Outlot A of Alino Addition is developed, access to 21St Avenue North shall be restricted to right -in, right -out. 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. RICHARD J. SCHREIER CITY OF LINO LAKES By By Mayor PATRICIA N. SCHREIER By ALINO LLC ATTEST: By By Clerk 2 • • • • • • STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA On this day of for said County, personally appeared (Clerk), to me known to of Lino Lakes, and who executed the foregoing the same on behalf of said City. STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ss , 20_, before me, a Notary Public within and (Mayor) and be respectively the Mayor and Clerk of the City instrument and acknowledge that they executed 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. STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss Notary Public , 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 On this day of , 20 , before me, a Notary Public within and for said County, personally appeared Richard J. Schreier and Patricia N. Schreier, and that they executed the foregoing instrument. This instrument drafted by: Ratwik, Roszak & Maloney. P.A. 730 2 "d Ave. S.. Suite 300 Minneapolis, MN 55402 (612) 339-0060 JJL Notary Public