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Council Member O'Donnell _ moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 04-07
AN ORDINANCE VACATING A PORTION OF THE DRAINAGE AND UTILITY
EASEMENTS ON LOTS 6 AND 7, BLOCK 1 OF THE RECORDED PLAT
OAKWOOD VIEW AND ACCEPTING NEW DRAINAGE AND UTILITY
EASEMENTS.
i
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
Section 1 Findings
The City Council makes the following findings regarding the application to vacate a portion of
public right-of-way and existing street and utility easements:
1. Tramm Builders & Realtors, LLC has requested the City Council to vacate a portion of the
drainage and utility easements on the shared lot line of Lots 6 and 7 of Block 1 originally
recorded on the Oakwood View plat.
2. A public hearing was held on April 23, 2007 before the City Council in the city hall on such
request after due published and posted notice had been given, as well as personal notice to
affected property owners by the clerk on April 10th 2007 and all persons interested were
given an opportunity to be heard;
3. It appears that it will be in the best interest of the city to approve such request
Section 2
Such request is hereby granted and that part of the drainage and utility easements on Lots 6 and 7
of Oakwood View described as follows are hereby vacated:
A 10 foot wide drainage and utility easement dedicated and created by the Plat of
Oakwood View, the centerline of which is the westerly line of Lot 6, Block 1 (also being
the easterly line of Lot 7, Block 1).
Excepting
From said vacation those areas lying within the 10 foot wide drainage and utility
easements encumbering the northerly and southerly 10 feet of said Lots 6 and 7, Block 1,
Oakwood View
All in Anoka County, Minnesota.
Section 3
That any person, corporation or city owning or controlling easements contained upon the
property vacated reserves the right to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto.
Section 4
Furthermore, the city hereby accepts the following easements to replace those vacated by this
ordinance:
A 10 foot wide easement for drainage and utility purposes over, under and across Lots 6
and 7, Block 1, Oakwood View lying southerly of the northerly 10 feet of said Lots 6 and
7 and also lying northerly of the southerly 10 feet of said Lots 6 and 7; the centerline of
said 10 foot wide strip being the following described line "A":
Line "A"
Commencing at the southeast corner of said Lot 7 (also being the southwest corner of
said Lot 6); thence South 84 degrees 43 minutes 27 seconds West (Basis of Bearing: per
plat of Oakwood View), along the S outherly line of said Lot 7 a distance of 6.47 feet to
the Point of Beginning of the said Line "A" to be described; thence North 16 degrees 08
minutes 34 seconds West 105.77 feet; thence North 03 degrees 21 minutes 53 seconds
West 28.72 feet, to the northeast corner of said Lot 7 (also being the northwest corner of
said Lot 6) and said Line "A" there terminating.
All in Anoka County, Minnesota.
Section 5
This ordinance shall be in force and effect upon its adoption and publication and in accordance
with the Lino Lakes City Charter.
tt:.t: Julianne Bart 1, Cid Clerk
Adopted by the Lino Lakes City Council this 14th day of May, 2007.
The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Carlson
and upon a vote being taken thereon, the following voted in favor thereof:
O'Donnell, Carlson, Stoltz, Reinert, Bergeson
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopte
STAFF ORIGINATOR:
CC MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
AGENDA ITEM 6.C.
Paul Bengtson
May 14, 2007
2nd Reading of Ordinance 04-07
Vacating a portion of the drainage and utility easements on
the shared property line between lots 6 and 7 of Oakwood
View
Accepting a new easement on the shared property line
between lots 6 and 7 of Oakwood View
City of Lino Lakes
4/5
Tramm has requested and been administratively approved for a minor subdivision to allow a lot
line adjustment to the shared property line between lots 6 and 7 of Oakwood View. This is to
allow a slightly larger lot for the construction of a side -loaded garage home plan. In order to
complete this process they have also requested a vacation of the existing easements and prepared
new easement descriptions for the City Council's acceptance.
The first reading of the ordinance was completed at the April 23rd City Council meeting.
ANALYSIS
Both lots still meet the minimum standards of the subdivision ordinance and zoning ordinance,
and the acceptance of the appropriate easements are included as part of the attached ordinance.
RECOMMENDATION
Staff recommends approval of the Vacation and acceptance of new easements
ATTACHMENTS
1. Ordinance No. 04-07
2. Vacation Exhibit
3. Easement Exhibit
EXHIBIT SHOWING PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT
AND PROPOSED DEDICATION OF DRAINAGE AND UTILITY EASEMENT
For: Tramm Builders
EASEMENT PROPOSED TO BE VACATED
Legal Description of drainage and utility easemant proposed to be vacated:
A 10 foot wide drainage and utility easement dedicated and created by the Plat of Oakwood View, the
centerline of which is the westerly line of Lot 6, Block 1 (also being the easterly line of Lot 7, Block 1).
EXCEPTING
from said vacation those areas lying within the 10 foot wide drainage and utility easements encumbering
the northerly and southerly 10 feet of said Lots 6 and 7, Block 1, Oakwood View.
All in Anoka County, Minnesota.
FILE COPY
EXHIBIT SHOWING PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT
AND PROPOSED DEDICATION OF DRAINAGE AND UTILITY EASEMENT
For: Tramm Builders
EASEMENT PROPOSED TO BE DEDICATED
og
56913'55'E
39:00
Oakwood_
E..52.60
R.1130
s16 4.5
Drainage and Utility Easement
123.96
$a4'43'2YE
Southeast Corn. Lot 7
..
Point .f Commencement.
Lin. 'A'
Point of `\1
Beginning.' J �r2.rw
Line 'A' 1.47
VAR 2 0 2007
Legal Description of drainage and utility easemant proposed to be dedicated:
A 10 foot wide easement for drainage and utility purposes over, under and across Lots 6 and 7,
Block 1, Oakwood View lying southerly of the northerly 10 feet of said Lots 6 and 7 and also
lying northerly of the southerly 10 feet of said Lots 6 and 7; the centerline of said 10 foot wide
strip being the following described line "A":
Line "A"
Commencing at the southeast corner of said Lot 7 (also being the southwest corner of said Lot 6); thence
South 84 degrees 43 minutes 27 seconds West (Basis of Bearings: per plat of Oakwood View), along the
southerly line of said Lot 7 a distance of 6.47 feet to the Point of Beginning of the said Line "A" to be
described; thence North 16 degrees 08 minutes 34 seconds West 105.77 feet; thence North 03 degrees
21 minutes 53 seconds West 28.72 feet, to the northeast comer of said Lot 7 (also being the northwest
comer of said Lot 6) and said Line "A" there terminating.
All in Anoka County, Minnesota.
FILE COPY