Loading...
HomeMy WebLinkAbout2002-012 Council Ordinances CITY OF LINO LAKES ORDINANCE NO. 12-02 ORDINANCE VACATING A PONDING EASEMENT ON PROPERTY LOCATED AT 73 LILAC STREET (LOT 11,BLOCK 2,SUNSET OAKS) WHEREAS,the City Council of Lino Lakes has determined to vacate the ponding easement existing on property located at 73 Lilac Street(Lot 11,Block 2, Sunset Oaks); and WHEREAS,a public hearing was held on October 14, 2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on October 1,2002, 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 interests of the City to vacate such a ponding easement; and WHEREAS,four-fifths of all members of the City Council concur in this ordinance. NOW,THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. The ponding easement described as follows is hereby vacated: All that part of the ponding easement as dedicated on the plat of Sunset Oaks, Anoka County, Minnesota lying within Lot 11, Block 2 of said plat. Section 2. 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 3. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this 28t'day of October, 7, jefin J. B16rges6n,Mayor ATTEST: '1 C I` Ann Blair, City, jlerk 1725450 jta!5e- 0-7_ 31 - Aa _ 3 3- 011 CERTIFICATION OF ORDINANCE NO. 12-02 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) 1,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 12- 02 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: ORDINANCE NO. 12-02 VACATING A PONDING EASEMENT ON PROPERTY LOCATED AT 73 LILAC STREET (LOT 11,BLOCK 2,SUNSET OAKS) Witness my hand as said City Clerk and the Corporate Seal of the City this 281`day of October,2002. ti. Drafted by: Ann J. Blair, City Clerk, Esq. Ann J. B , City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes,MN 55014 (651) 982-2406 CITY OF LINO LAKES ORDINANCE NO. 12-02 ORDINANCE VACATING A PONDING EASEMENT ON PROPERTY LOCATED AT 73 LILAC STREET (LOT 11,BLOCK 2,SUNSET OAKS) WHEREAS,the City Council of Lino Lakes has determined to vacate the ponding easement existing on property located at 73 Lilac Street(Lot 11,Block 2, Sunset Oaks); and WHEREAS,a public hearing was held on October 14,2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on October 1,2002, 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 interests of the City to vacate such a ponding easement; and WHEREAS,four-fifths of all members of the City Council concur in this ordinance. NOW,THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. The ponding easement described as follows is hereby vacated: All that part of the ponding easement as dedicated on the plat of Sunset Oaks, Anoka County,Minnesota lying within Lot 11,Block 2 of said plat. Section 2. 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 3. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this 28t'day of October . J J. Pi rge�Mayor ATTEST: 0-4 Ann Blair, City Jerk AGENDA ITEM 7B STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: October 28,2002 TOPIC: Second Reading: Ordinance No. 12-02 Vacation of a-Ponding Easement For Property Located at 73 Lilac Street (Lot 11,Block 2,Sunset Oaks Add.) Debra G. Woods ACTION REQUIRED: 4/5 vote BACKGROUND Ordinance No. 12-02 was approved on the first reading before the City Council on October 14,2002. It is now before the Council for the second reading. Debra Woods lives at 73 Lilac Street, a two-acre lot which is zoned Rural. The property contains a home with an attached garage, and Ms. Woods would like to construct an additional detached garage to the rear of the home. There is an existing 42' X 190' ponding easement area on the east part of the property. This easement area is where the applicant would like to site the proposed garage,and so she is asking for a Vacation of the easement. This review is based on the following attached exhibits: 1. General Location Map. 2. Certificate of Survey,prepared by Kurth Surveying,August 16,2002. City Council Meeting Woods Vacation October 28,2002 ANALYSIS The existing ponding easement at 73 Lilac Street (Lot 11,Block 2, Sunset Oaks)covers portions of the eastern part of the property and extends onto the neighboring property to the east. In reviewing documents from the time the Sunset Oaks subdivision was constructed(1970's),it appears that the ponding easement area was designated in anticipation of a pond being constructed or needed. Thirty years later,such a pond has never materialized. City engineer Jim Studenski has reviewed the site and found no need for the ponding easement area,as there is no drainage to the area and the land is relatively level In addition, a portion of the existing septic system of the home is sited in the easement area, which would thus make it impractical for ponding purposes. CONCLUSION As the ponding easement area does not appear to be necessary for drainage purposes, staff would recommend its vacation. OPTIONS 1 ) Approve Ordinance No. 12-02,vacating the easement. 2.) Deny Ordinance No. 12-02. 3.) Return to staff with direction. RECOMMEENDATION Option#1. T o n o ,p©� �a p© ecs0�oeM I � e�cc�ec logo gym© Ilion rr av� :W I W,al loll SIP.d_----- .�-.emu-.,� LINO LAKES REHABIUTAnOq CENTER MWT a � s frE,kyiu� s� •� oQm Cls M"'�L'flo�E n�_�Glt 000a o .■ . M �© I . `� mrsaMmFTf :FSIrmG CERTIFICATE OF SURVEY MP�'+�Ic FOR eF�Y_!�. v i oo� ruEASUMENTS S!• W IN FEET AAD DECIUMS OF A FOOT! 4M,�eRSON ST•NE COLLUM FBGIifS w 50 HEREBY CERTIFY 7fNT 1NI5 SImVEY. OL.IIN OR R�ORT - 61D 7N�78B FAX BQl 788-780' ves TMT I A BY OF Ski OR twee ur oeReer s iSION f" 0 so, DATE Ada,Loot. AW rtNT I Nt A wLr I 1"suRv twm SCALE IN FEET 0 • IRON MONLUENT Randy L. Ku Ih. L.L.T. No. 20270 1� AQG vcv_ Russell J. Kurlh. L.L.S. No. IBII3 RGtA�.ptiD PWT Nl0"L' Z1` '-lo U. =V-\lnNT op 4C.LGV �0 Or�Pvt.oTC.+O Tq Sri\-5to gl�toKf�f c.vu ty(� �GLa4C.�L•SGa.\?''dohs � Le-T `wt•156T OAK�j� �LoKq Ca0A1'T�f' Mx' •�'` r • 11orL•`.4oN01NC� GDF.,G.MkrtS D�tO�aa t p Ivi TaC V%AT OP A5%*1sa,v a ew-S" K P,S KO T Sam" V acgm 69 6`1 WE tty oa L 1�►0.t.AKCS, ' a 0 - I 9 - ' I�4Z.a� • • 1 ���P}`tip f = I \`� Ip j Ian � •. I 1_ ! C /W��, O Y a M3 •3 P�' ( 0 N0, d�- � ' r 16- zSSL I ' .y�• �• 7 9 1 \ ��C, � t � t - kcr p,F, 3 vP�rNeeUM �jQi?°Zo lZ"V� of i giaiSe4 �� �.. \ 1_._ls►. c, Flk C.I . . Cato' �1'�►� `: CI�KD`FF1 CDJtAT-( 9-0n ) I.Lp• . ABSTRACT Receipt# ❑ Incorrect/No Reference# Date/Time (b U ( ❑ Non-standard Document ( ❑Document Order of Certified Copy/ DOCUMENTNO. 1725450 . 0 ABSTRACT � PINS ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON OCT 30 2002 Filing Fees $ aU AT 3 •3 0 PM AND WAS DULY RECORDED. Copy/Additional Pg Fees $ ❑ Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 0 . 0 0 PAID. ❑ Transfer Well Cert Fees $ RECEIPT NO. ❑ Division 2 ❑ Incomplete Form ❑ Status ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment ❑ New legal Description❑ AJN No Legal Description ❑ GAC BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Non-existent Legal Description Deferred Specials ❑ Part(s)Illegible No Change