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Home My WebLink About2005-014 Council Oridinances Council Member. 4D 14--Z moved adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 14-05 AN ORDINANCE VACATING PART OF A DRAINAGE AND UTILITY EASMENT ON LOT 1,BLOCK 2, PHEASANT HILLS PRESERVE 9' ADDITION AND ACCEPTING A REPLACEMENT EASEMENT The City Council of the City of Lino Lakes,Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings: 1. Pheasant Hills Preserve 9`h Addition was approved by the Lino Lakes City Council on August 24, 1998. 2. The plat was recorded at Anoka County as Document No. 1394194 on December 18, 1998 (Book 56, Page 35). 3. The plat included 20 feet dedicated as park land for a trail along the west side of Lot 1, Block 2. 4. Lot 1, Block 2 of the plat included the required lot line easements. 5. The City vacated the 20 feet of park land with Ordinance No. 02-03 in January 2003 because a trail was constructed in a different location. 6. With that vacation,the strip of park land reverted to the adjacent properties, 10 feet to Lot 1, Block 2 on the east, and 10 feet to Lot 5, Block 1 on the west. 7. It is in the public interest to move the lot line easement along the original western edge of the Lot 1, Block 2 to coincide with the lot line of the expanded lot. This requires vacating the existing, platted lot line easement and accepting a new easement along the expanded western border. Section 2 Vacation The Lino Lakes City Council hereby vacates the drainage and utility easement described as follows: The drainage and utility easement as dedicated within the record plat of PHEASANT HILLS PRESERVE 9'ADDITION, Anoka County, Minnesota said easement being 5.00 feet in width and lying east of and adjacent to the west line of Lot 1, Block 2 of said record plat, excepting therefrom the northerly and southwesterly 10.00 feet of said Lot 1, Block 2. Section 3 Accept New Easement The Lino Lakes City Council hereby accepts the easement described as follows: The easement for drainage and utility purposes over, under and across the North 10.00 feet,the South 10.00 feet and the West 5.00 feet of the East Half of the vacated Park as dedicated and donated within the record plat of PHEASANT HILLS PRESERVE 9'ADDITION, Anoka County said vacated Park lying west of and adjacent to Lot 1, Block 2 of said plat. Section 4 Any Other Easements Remain 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 5 Effective Date This Ordinance shall be in full force and effect from 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this gSday of J—"aA ,4 , 2006. JotyKJ. Be eson, Mayor ATTEST: Bartell CAy Clerk Lino Lakes Ordinance No. 14-05, page 2 Adopted by the Lino Lakes City Council this l day of , 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member o' y ni I I and upon vote being taken thereon,the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. Lino Lakes Ordinance No. 14-05, page 3 Record ID 1659495 Certification of Ordinance No. 14-05 Councilmember Stoltz moved to approve the SECOND READING of Ordinance No. 14-05 at the regularly scheduled meeting of the Lino Lakes City Council held on January 9, 2006, and moved its adoption. The motion for adoption of the foregoing ordinance was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Stoltz, O'Donnell, Reinert, Carlson, Bergeson The following voted against same: 1982306 . 005None. Whereupon said ordinance was declared passed and adopted. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned,being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Ordinance No. 14-05 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: CERTIFICATION OF ORDINANCE NO. 14-05 AN ORDINANCE VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 2, PHEASANT HILLS PRESERVE 9TH ADDITION AND ACCEPTING A REPLACEMENT EASEMENT Witness my hand as said City Clerk and the Corporate Seal of the City this 16th day of February, 2006. 7 l a a 'Ba)l ;11 (SE �r y Council Member 5- f-rZ moved adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 14-05 AN ORDINANCE VACATING PART OF A DRAINAGE AND UTILITY EASMENT ON LOT 1,BLOCK 2,PHEASANT HILLS PRESERVE 9TH ADDITION AND ACCEPTING A REPLACEMENT EASEMENT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings: 1. Pheasant Hills Preserve 9`"Addition was approved by the Lino Lakes City Council on August 24, 1998. 2. The plat was recorded at Anoka County as Document No. 1394194 on December 18, 1998 (Book 56, Page 35). 3. The plat included 20 feet dedicated as park land for a trail along the west side of Lot 1, Block 2. 4. Lot 1, Block 2 of the plat included the required lot line easements. 5. The City vacated the 20 feet of park land with Ordinance No. 02-03 in January 2003 because a trail was constructed in a different location. 6. With that vacation,the strip of park land reverted to the adjacent properties, 10 feet to Lot 1, Block 2 on the east, and 10 feet to Lot 5, Block 1 on the west. 7. It is in the public interest to move the lot line easement along the original western edge of the Lot 1, Block 2 to coincide with the lot line of the expanded lot. This requires vacating the existing,platted lot line easement and accepting a new easement along the expanded western border. Section 2 Vacation The Lino Lakes City Council hereby vacates the drainage and utility easement described as follows: The drainage and utility easement as dedicated within the record plat of PHEASANT HILLS PRESERVE 9th ADDITION, Anoka County, Minnesota.said easement being 5.00 feet in width and lying east of and adjacent to the west line of Lot �, Block 2 of said record plat, excepting therefrom the northerly and southwesterly 10.00 feet of said Lot 1,Block 2. Section 3 Accept New Easement The Lino Lakes City Council hereby accepts the easement described as follows: The easement for drainage and utility purposes over, under and across the North 10.00 feet,the South 10.00 feet and the West 5.00 feet of the East Half of the vacated Park as dedicated and donated within the record plat of PHEASANT HILLS PRESERVE 9th ADDITION,Anoka County said vacated Park lying west of and adjacent to Lot 1, Block 2 of said plat. Section 4 Any Other Easements Remain 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 5 Effective Date This Ordinance shall be in full force and effect from 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this'day of , 2006. JohK J. Beifesonv, Mayor ATTEST: C Bartell Ci Clerk Lino Lakes Ordinance No. 14-05, page 2 Adopted by the Lino Lakes City Council this_t day of � � , 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Z(2 I Do m e( and upon vote being taken thereon, the following voted in favor thereof, The following voted against same: Whereupon said ordinance was declared duly passed and adopted. Lino Lakes Ordinance No. 14-05, page 3 ANOKA COUNTY MINNESOTA Document No.: 1982306.005 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 02/21/2006 4:04:00 PM Fees/Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator/Recorder/Registrar of Titles BMC, Deputy Record ID: 1659495