HomeMy WebLinkAbout2010-006 Council Ordinances 1s' Reading: 4/26 1201 0 Publication: /18/201
1 2' Reading: 5/1 0/1 0 Effective: 6/1 7/11 0
Council Member xoeser moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 06-10
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(1612 Birch Street)
The City Council of Lino Lakes Ordains:
Section 1. Preamble
WHEREAS, the City Council of Lino Lakes has determined to vacate the
drainage and utility easements, in their entirety, on property legally described as:
The West 494.50 feet of the Northwest Quarter of the Southwest Quarter
of Section 26, Township 31, Range 22, Anoka County, Minnesota, except
the west 24.75 feet thereof and except road.
WHEREAS, a public hearing was held on April 12, 2010 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
WHEREAS, it appears to be in the best interest of the City to vacate such
drainage and utility easement; and
WHEREAS, four-fifths of all members of the City Council concur in this
ordinance.
Section 2. The drainage and utility easement described as follows is hereby
vacated:
All that part of the drainage and utility easement lying over, under, and
across the north 10.00 feet , the south 10.00 feet, the west 5.00 feet, and the
east 5.00 feet of that part of the Northwest Quarter of the Southwest Quarter of
Section 26, Township 31, Range 22, Anoka County, Minnesota described as
follows:
Commencing at the intersection of the south line of said Northwest
Quarter of the Southwest Quarter with the east line of the west 24.75 feet
of said Northwest Quarter of the Southwest Quarter, thence northerly and
parallel to the west line of said Northwest Quarter of the Southwest
Quarter 879.85 feet to the point of beginning of the parcel to be described;
thence easterly and parallel with the north line of said Northwest Quarter
of the Southwest Quarter 295.31 feet; thence northerly parallel with the
west line of said Northwest Quarter of the Southwest Quarter 367.89 feet
to the southerly line of Parcel 57, ANOKA COUNTY HIGHWAY RIGHT-
OF-WAY PLAT NO. 11; thence westerly along said southerly line of
Parcel 57 to the east line of said west 24.75 feet of the Northwest Quarter
of the Southwest Quarter; thence southerly along said line 368.77 feet to
the point of beginning.
Passed by the Lino Lakes City Council this day of M , 10.
Jeff Reinert/Ma or
Attest Julianne B rtel, 'y Clerk
Adopted by the Lino Lakes City Council this 10th day of May,2010.
The motion for the adoption of the foregoing ordinance was duly seconded by
Council Membern'nnnnnj i and upon a vote being taken thereon,the following
voted in favor thereof:
Roeser, O'Donnell, Rafferty, Gallup, Reinert
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopted.
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AGENDA ITEM 6A
STAFF ORIGINATOR: Michael Grochala
CITY COUNCIL
MEETING DATE: May 10,2010
TOPIC: Second Reading: Ordinance 06-10 Vacating a
Drainage and Utility Easement,(1612 Birch
Street)
ACTION REQUIRED: 4/5 Vote
BACKGROUND:
In 2008 the City approved a minor subdivision for the property owner of 1612
Birch Street. In accordance with the City's Subdivision Ordinance a drainage
and utility easement was obtained from the property owner as a condition of the
approval.
ANALYSIS
The minor subdivision was never filed with Anoka County and the property owner
is no longer pursuing subdivision of the parcel.
As such the drainage and utility easement is no longer needed for public
purposes.
A public hearing was held for this item at the Council Meeting on April 12tb. The
First Reading of Ordinance No.06-10 was approved by council on April 26,
2010.
RECOMMENDATION
Staff is recommending approval of Ordinance 06-10 Vacating the Drainage and
Utility Easements.
ATTACHMENTS
1. Ordinance No.06-10
2. Site Map
IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
2015125 . 001 Record ID 2309994
CIT Rat 3} m' f
CITY OF LINO LAKES
CERTIFICATION
ORDINANCE NO. 06-10
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
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. 06-10, vacating a
drainage and utility easement at 1612 Birch Street, approved by the Lino Lakes City Council on
May 10, 2010, 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 May 12, 2010.
' City Cler: -- ----
i
600 Town Center Parkway, Lino Lakes, N N 55014
Phone: 651-982-2400 Fax: 651-982-2499
1" Reading: Publication:
2�a Reading: Effective:
Council Member Roeser moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 06-10
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(1612 Birch Street)
The City Council of Lino Lakes Ordains:
Section 1. Preamble
WHEREAS, the City Council of Lino Lakes has determined to vacate the
drainage and utility easements, in their entirety, on property legally described as:
The West 494.50 feet of the Northwest Quarter of the Southwest Quarter
of Section 26, Township 31, Range 22, Anoka County, Minnesota, except
the west 24.75 feet thereof and except road.
WHEREAS, a public hearing was held on April 12, 2010 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
WHEREAS, it appears to be in the best interest of the City to vacate such
drainage and utility easement; and
WHEREAS, four-fifths of all members of the City Council concur in this
ordinance.
Section 2. The drainage and utility easement described as follows is hereby
vacated:
All that part of the drainage and utility easement lying over, under, and
across the north 10.00 feet , the south 10.00 feet, the west 5.00 feet, and the
east 5.00 feet of that part of the Northwest Quarter of the Southwest Quarter of
Section 26, Township 31, Range 22, Anoka County, Minnesota described as
follows.-
Commencing at the intersection of the south line of said Northwest
Quarter of the Southwest Quarter with the east line of the west 24.75 feet
of said Northwest Quarter of the Southwest Quarter; thence northerly and
parallel to the west line of said Northwest Quarter of the Southwest
Quarter 879.85 feet to the point of beginning of the parcel to be described;
thence easterly and parallel with the north line of said Northwest Quarter
of the Southwest Quarter 295.31 feet; thence northerly parallel with the
west line of said Northwest Quarter of the Southwest Quarter 367.89 feet
to the southerly line of Parcel 57, ANOKA COUNTY HIGHWAY RIGHT-
OF-WAY PLAT NO. 11; thence westerly along said southerly line of
Parcel 57 to the east line of said west 24.75 feet of the Northwest Quarter
of the Southwest Quarter; thence southerly along said line 368.77 feet to
the point of beginning.
Passed by the Lino Lakes City Council this 1 day of M 010.
")l
Jeff Reine , Ma or
Attest Julianne B rtel , 'ty Clerk
Adopted by the Lino Lakes City Council this 10th day of May, 2010.
The motion for the adoption of the foregoing ordinance was duly seconded by
Council Membero'Donneii and upon a vote being taken thereon, the following
voted in favor thereof:
Roeser, O'Donnell, Rafferty, Gallup, Reinert
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adapted.
"OKETON a DESCRIPTION
NgtIH NE aF iNE NWI/4 F 9W1/4 nF gEt.26 GRAPHIC SCALE NOl +
-for-MARTHA HOULE-DeHAVEN r I BIRCH 9iA� C-S,A)'1,1O T //`"'\
N9652 D W _
1612 BIRCH STREET - - �T--,-,a.�,�r.--V-.+- - �pr�-y_1h{'} -��,�y--_�I�� S- t a„n,
ANOKA ICi0�1.11 ,la f'll'1JY1:��' �lln `✓ I lxq-ea It .
LINO LAKES,MN 55038 �I� = -fllca o(PMML W)�PPFF/SSd A /$t],j-
PH:651-407-t1064 36" r M u
------ �! _ FASTING PROPERTY OESCBIPTIOW
Y-a4.,s
�., i s�j_5rP our E51 i ,,61,0 The West 494.50 feet of the Northwest Quarter of lire Southwest Quarter of Section 26, Township 31.Range 22,Anoka County,
•�''R•��A` r I ,,C Mlnnesoto,Except the west 24.75 feet thereat and except rood.
-Total Property=13.46E Acres I ,ram j TAa Subject to easements of record.
-Parcel A=10.96t Acres
Parcel B-2.50t Acres
', PROPOSED PROPERTY DESCRIPTIONS
PARCELA
MINIMUM LOT REQUIREMENTS j I i That part of the..at 494.50 feet of the Northwest Quarter of the Southwest Quarter of Suction 26,Township 31,Range 22.
I I ! Anoka County,Minna..to described as fellows:
Properly Ia Zoned Rural(R) i 1 I I
Lot.Area 1 acre u I I Beginning at the Intersection of the south line or said Northwest Quarter of the Southwest Quarter with the ea at the
-LaI Width 200 feet € 1 west 24.75 feel of sold Northwest Quarter of the Southwest Quarter, thence northerly and parallel to the weal... said
Front Setback 40 feet.(collector or arterial street) a I U'r -------'----- r� NarUlwest Quarter of the Southwest Quarter 879.85 feel; thence easterly and parallel with the north fine of sold Northwest
JO lest,I...I street W I _PO9 2g1]I Quarter of the Southwest Quarter 295.31; thence northerly parallel to the west line of sold Northwest Quarter of the
-Real Setback=JO feel -pqn Bes72'!e'w J Southwest Theneo aaDlQerl,talon6 sold foot lv the ooulherly Ilna of Parcel 57,ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO.11:
Side Setback 10 feet prinelpof building y g Id southerly line of Parcel 57 to the cost line of sold wool 494.50 feel of the Northwest Quarter aI
I PRanDSED DRAINA( -"- ,J the Southwest Quarter, thence southerly I °aid east Ihre 12d7.60 foal to
the south Ilna of said Northwest Quarter of the
5 feel accessory building I AND UnUry EASEMENT ,{.� y v ang
II d�zg_pJ Soulhwesl Quarter; thence westerly along sold south line to the point of beginning.
firk. MELD
!het part the Northwest Quarter of 4h.Southwest Quarter of Secllon 26, Township 31,Range 22,Anoka County,Minnesota
described as
follows:
rat ''P�p. 4,•i.tvly'.
LEGEND k Commencing at the Intersection of the south line of said Northwest.Quarter of the Southwest Quarter with the cost line of
r of �,IT�j`W� U C� the west 24.75 feet of said Northwest Quarter of the Southwest Quarter, thence northerly and parallel to tire west line al said
p DENOTES ANOKA COUNTY R/H'MONUMENT �a �" �^ �A7 rv'.: m• Northwest Quarter of the Southweat'Quarler 879.85 feet to the point of beginning f the parcel to be described; thence
^' gl sV" ,•.L _ h. Nr'1' T.
n C easterly and parallal with the north line of said Northwest Quarter f the Southwest Quarter 295.31 feel; thence northerly
• DENOTES IRON MONUMENT FOUND AS LABELED ppI^r;i+ t-' ya: 3 Fj.y;y `s� "' r.11.l to the eel Ilne f sold Northwest quarter of the Southwest'Quarter 367.89 foal to the southerly line of Parcel 57.
it 'fit+19 X'-' 'p!""d r ppS ANOKA COUNTYwHIGHWAY�RIGHT-OF-WAY PLAT N0.11; there.wester! 1 sold souther! line of Parcel 57 to the cool fine
o DENOTES IRON MONUMENT SET,MARKED RLSp 41578 I IpiT•:yywu,}_I:� i f said west 24.75 feel of the Northwest Quarter of the Sau lhweal Quarter, thence soothed g
DENOTES ANOKA COUNTY CAST IRON AONUMENT I1� y s. •':1 '�', y elan sold east ilno J6B.77 loot
lv lh°paint of beginning.
• DENOTES SEPTIC PIPE i of
® �)bl�'=•'�
B DENOTES SEPTIC MANHOLE 1 n�
F�. DENOTES LOILLAND(NO WETLAND DELINEATION I „; t� - PROPOSED EASEMENT DESCRIPTION
Ci:*0,COMPL TED OR APPROVED BY ANY COVT AGENCIES) PARCEd
fm € t�ROell rA A perpetual easement for ra rage and utility purposes ver,under,and.crass it,.north I0.00 last, the oath 10.00 feel,the weak
feet,and lha east 5.00 fee(of ttrot part of the Northwest Quarter at the Soulhwesl Quarter, of Section 25.Township 31.
flange 22,Anakv County,Mlnnesoto described as follows:
Commetrcing at the Intersection of the south line of old Northwest Quarter of the Southwest Quarter with the cost lino of the
est 24.75 feet of sold Northwest Quarter of the Southwest Quarter, thence northerly and parallel to the west line nt cold
I "
I
Northwest Quarter of the SeuUrwest quarter 79.8 foe to the point beginning
NOTES 1 Thw Qu Q 8 5 t p ofoe f the parcel to feet;
do thence
+, easterly and parallel with the north Ifne of sold Northwest Quarter of the Southwest Quarter 295.31 leehylhence.
parallel to the act'In'
Bald Northwest Quarter of the Southwest Quarter 357.59 feel to the souther! line or. 57,
Bearings shown are on on assumed datum. +e --T� € ANOKA COUNTY HIGHWAY i G47-OF-WAY PLAT N0. 11; thence weslsrly along sold southerly fine o1 Parcel 57 to Ilro oast Ilne
WW r1pv 1 4• ___-_________--_ v,a____-�-_
Thlw curve prepared without the benefit 1 title F I p of cold weal PA.75 Ise!of the Northwest Quarter of the Soulhwesl Quarlar, thence southerly along sold east line 368.77 is
y we,prepvr I e y to the point of beginning.
work. Addltionol easements,restrictions end/or 10.
encumbrancee may exlet other than those shown 6 -------- -
hereon. Survey s.b).ct to revision upon receipt or o . t+ -lo
Current title commitment or an atlomeys fill.opinion. I 1+ P
CERTIFICATION
I hereby cerllry that lhls s y,plan
1t pe6��h _I`+ ,,•�'ujltgeorA or report was prepared by me or undo,
L my direct superWslan and that 1 v
IMMIXE.G. Nnoun SONS, INC, 1 f` .,sore y u s(ere la
`` w m the laws•r the Stale of Mrnnesolodar
+,I ��'. r..'., a iw an x44 ,w a aeemr rule m-.e-m 1 �
Professional Land Surveyors `°' °"' `'r an w
6776 Lake Drive NE Suite 110 l� ,6�'y x, ---- ' ' "° °"� °"° a;`
ww.eflad.eom j p...3.8`•69rO -'i•: _ ✓.,,°''
Lino Lakes,MN 55614 ` ] e� . JASDN E RUO
Tel.(651)361-82DO Fear 1651)361-0701 1 SOUTH LINE OF THE NWI/4 OF SWI/4 OF SEC.2e--"' xa. arc oesao-nw er Out.. O B "ern'.No.41578
i
ANOIL A COUNI TY 'MINNESOT
Document No.: 2015125.001 ABSTRACT
I hereby certify that the Nvithin instrument\Alas filed in this
office for record on: 05I14/12010 4:16:00 PM
Fees-Taxes In the Anlount of: $46.00
�IAUREEN J. DENTINE
Anoka County Property Tax
.4dministrator/'Recorder/Registrar of Titles
R_AL, Deputy
Record ID: 2309994