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HomeMy WebLinkAbout2011-012 Council Ordinances 1 St Reading: Publication: 7 1 9 11 2" Reading: Effective: i, irecul c e-r i-", Council Member Rafferty introduced the following ordinance and moved its adoption: ORDINANCE NO. 12-11 ORDINANCE VACATING A PLAYGROUND EASEMENT ON LOT 1 BLOCK 1 OF VILLAGE NO. 3 (YMCA). The City Council of the City of Lino Lakes, Minnesota does ordain: Section 1 Findings 1 . The City Council of Lino Lakes has determined to vacate in its entirety the playground easement described as: A permanent easement for a play ground and recreational purposes over and across the following described parcel: Lot 1, Block 1, THE VILLAGE NO. 3, according to the recorded plat thereof, Anoka County, Minnesota. Said permanent easement for play ground and recreational purposes being that part of the above described parcel which lies within the following described area: Commencing at the southeast corner of said Lot 1, Block 1, THE VILLAGE NO. 3, according to the recorded plat thereof, Anoka County, Minnesota; thence on an assumed bearing of North 0 degrees 00 minutes 19 seconds West along the easterly line of said Lot 1 a distance of 446.76 feet to an angle point in said easterly line of Lot 1; thence North 89 degrees 33 minutes 45 seconds West, along the northerly and easterly line of said Lot 1 , a distance of 108.94 feet to an angle point in said easterly line of said Lot 1; thence North 0 degrees 08 minutes 37 seconds East along said easterly line a distance of 85.00 feet to the point of beginning; thence continuing North 0 degrees 08 minutes 37 seconds East, along said east line of Lot 1 , a distance of 95.00 feet to the most northerly and easterly corner of said Lot 1; thence North 89 degrees 33 minutes 45 seconds West, along the northerly line of said Lot 1 a distance of 95.00 feet; thence South 0 degrees 08 minutes 37 seconds West, 95.00 feet; thence South 89 degrees 33 minutes 45 seconds East, 95.00 feet to the point of beginning. Said permanent easement containing 9,025 square feet (0.207 acres) more or less 2. A public hearing was held on June 27, 2011 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The disposition of this property interest has no relationship to the comprehensive municipal plan and therefore the requirement of MN Statute 462.356 for a recommendation from the Planning & Zoning Board does not apply; and 4. It appears to be in the best interest of the City to vacate such playground easement; and 5. Four-fifths of all members of the City Council concur in this ordinance. Section 2 Easement Vacated The playground easement described herein is hereby vacated. Section 3 In Effect According to City Charter This ordinance shall be in force and effect from and:ft :K publication according to the Lino Lakes City Charter. Jeyor �1 Atte t• Julianne Ba ell, City Clerk Adopted by the Lino Lakes City Council this 11`h day of July 2011 . The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, O ' Donnell , Reinert The following voted against same: none ( Absent - Gallup) Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6A STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: July 11 , 2011 TOPIC: Playground Easement Vacation - YMCA Second Reading of Ordinance Number 12-11 , vacating a playground easement at 7690 Village Drive (YMCA). VOTE REQUIRED: 4/5 Background The YMCA is requesting this vacation so an expansion of their onsite parking lot can occur. The YMCA is experiencing a decline in enrollment due to the lack of parking. This is mostly the result of the shared parking that would be constructed east of the existing improvements being delayed for an unforeseeable timeframe. The playground easement was intended to serve as a location for a tot lot for the entire Legacy development, but residential development has also stalled and the location of a tot lot could easily be included in the open space required of the eventual residential `. project(s). Parking Lot Expansion The parking lot expansion is being reviewed administratively for compliance with the Zoning Ordinance and the Lino Lakes Town Center Design & Development Guide. A site plan of the proposed expansion is attached to this request only for the purpose of demonstrating the impetus behind the playground easement vacation request. 4/5 Vote Per Minnesota Statute 462.356, whenever the City is acquiring or disposing of publicly owned interest in real property the P & Z Board is to make a recommendation as to compliance with the comprehensive municipal plan. However, if there is no relationship to the comprehensive plan, the city council can dispense with that requirement with a 2/3 vote. Hence the requirement of a 4/5 vote on this request. Recommendation Staff recommends approval of the Second Reading of Ordinance No. 12-11 , vacating a playground easement at 7690 Village Drive. Attachments �. 1 . Ordinance No. 12-11 2. Site Plan submitted May 19, 2011 2023284 . 003 Record ID 2418999 C_ ITY�' " k``OF li►�. l._KES CITY OF LINO LAKES CERTIFICATION ORDINANCE NO. 12-11 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Ordinance No. 12-11, vacating a playground easement on Lot 1, Block 1 of Village No. 3 (YMCA), approved by the Lino Lakes City Council on July 11, 2011, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on July 14, 2011. i Jerk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 1 S Readin Publication: 7 19 11 2" Reading: Effective: Council Member Rafferty introduced the following ordinance and moved its adoption: ORDINANCE NO. 12-11 ORDINANCE VACATING A PLAYGROUND EASEMENT ON LOT 1 BLOCK 1 OF VILLAGE NO. 3 (YMCA). The City Council of the City of Lino Lakes, Minnesota does ordain: Section 1 Findings 1. The City Council of Lino Lakes has determined to vacate in its entirety the playground easement described as: A permanent easement for a play ground and recreational purposes over and across the following described parcel: Lot 1, Block 1, THE VILLAGE NO. 3, according to the recorded plat thereof, Anoka County, Minnesota. Said permanent easement for play ground and recreational purposes being that part of the above described parcel which lies within the following described area: Commencing at the southeast corner of said Lot 1, Block 1, THE VILLAGE NO. 3, according to the recorded plat thereof, Anoka County, Minnesota; thence on an assumed bearing of North 0 degrees 00 minutes 19 seconds West along the easterly line of said Lot 1 a distance of 446.76 feet to an angle point in said easterly line of Lot 1; thence North 89 degrees 33 minutes 45 seconds West, along the northerly and easterly line of said Lot 1, a distance of 108.94 feet to an angle point in said easterly line of said Lot 1; thence North 0 degrees 08 minutes 37 seconds East along said easterly line a distance of 85.00 feet to the point of beginning; thence continuing North 0 degrees 08 minutes 37 seconds East, along said east line of Lot 1, a distance of 95.00 feet to the most northerly and easterly corner of said Lot 1; thence North 89 degrees 33 minutes 45 seconds West, along the northerly line of said Lot 1 a distance of 95.00 feet; thence South 0 degrees 08 minutes 37 seconds West, 95.00 feet; thence South 89 degrees 33 minutes 45 seconds East, 95.00 feet to the point of beginning. Said permanent easement containing 9,025 square feet (0.207 acres) more or less 2. A public hearing was held on June 27, 2011 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The disposition of this property interest has no relationship to the comprehensive municipal plan and therefore the requirement of MN Statute 462.356 for a recommendation from the Planning & Zoning Board does not apply; and 4. It appears to be in the best interest of the City to vacate such playground easement; and 5. Four-fifths of all members of the City Council concur in this ordinance. Section 2 Easement Vacated The playground easement described herein is hereby vacated. Section 3 In Effect According to City Charter This ordinance shall be in force and effect from and afte ge publication according to the Lino Lakes City Charter. // : Je einert yor A fi Julianne Ba ell, City Clerk Adopted by the Lino Lakes City Council this 11t" day of July 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, O'Donnell, Reinert The following voted against same: none (Absent - Gallup) Whereupon said ordinance was declared duly passed and adopted. ANOKA COUNTY NIINNESOTA Document No.: 2023284.003 ABSTRACT I hereby eertihN that the within instrument was filed in this office for record on: 07,15/20I1 11:19:00 AM Fees%"Faxes In the Amount of: S46.00 LARRY W. DALIEN Anoka County Property Tax administrator!Recorder'R egistrar of Titles JMH, Deputy Record ID: 2418999