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HomeMy WebLinkAbout2000-016 Council Ordinances Council Member Reinert introduced the following ordinance and moved its adoption: ORDINANCE NO.16-00 CITY OF LINO LAKES ANOKA COUNTY,MINNESOTA AN ORDINANCE VACATING A PORTION OF AN EASEMENT ACROSS LOTS 2,3,4, AND 5,BLOCK 1,PHEASANT HILLS PRESERVE 8T"ADDIITON THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY ORDAIN: Section 1. That it is in the best interest of the City to vacate the northern 20 feet of the easement across the south edge of Lots 3,4,and 5;and the northern 10 feet of the easement across the south edge of Lot 2;all of Block 1,Pheasant Hills Preserve 8th Addition,as shown and described on the attached drawing. Section 2. That the City of Lino Lakes held a Public Hearing before the City Council on September 11,2000 and October 9,2000. 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 9`h day of October,2000. l 7��_ , Johii J.B rgeson,Mayor Ry-Chet Gaauusst-aced•,CMC City Clerk The motion for adoption of the foregoing Ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon,the following voted in favor thereof: Bergeson, Carlson, Dahl, O'Donnell, Reinert The following voted against same: none Whereupon said Ordinance was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed,adopted and approved by the City Council on October 9,2000. Ry-Chel Gaustad,CMC City Clerk • a� �3 � .. as _ ill _ �� vo�7 CERTIFICATION OF ORDINANCE NO. 16-00 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) i 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. 16-00, 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. 16-00 VACATING A PORTION OF AN EASEMENT ACROSS LOTS 2,3, 4 AND 5,BLOCK 1,PHEASANT HILLS PRESERVE 8m ADDITION. Witness my hand as said City Clerk and the Corporate Seal of the City this 4th day of November, 2002. AI Ann J. , ir, City Clerk �GQPO �rt ,Ay Lid m -Lam>% MN 4j50J `� CIS, 5 $� Council Member Reinert introduced the following ordinance and moved its adoption: - y ORDINANCE NO. 16-00 „ CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE VACATING A PORTION OF AN EASEMENT ACROSS LOTS 2,3,4, AND 5, BLOCK 1, PHEASANT HILLS PRESERVE a ADDIITON THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY ORDAIN: Section 1. That it is in the best interest of the City to vacate the northern 20 feet of the easement across the south edge of Lots 3, 4, and 5; and the northern 10 feet of the easement across the south edge of Lot 2; all of Block 1, Pheasant Hills Preserve 80' Addition, as shown and described on the attached drawing. Section 2. That the City of Lino Lakes held a Public Hearing before the City Council on September 11, 2000 and October 9, 2000. 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 9"'day of October, 2000. Johfi J. B rgeson, Mayor Ry-Chet Gaustad, CMC City Clerk The motion for adoption of the foregoing Ordinance was duly seconded by Council Member „a hi and'upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, O'Donnell, Reinert The following voted against same: none Whereupon said Ordinance was declared passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on October 9, 2000. Ry-Chel Gaustad, CMC City Clerk Legal Descriptions for Vacation of Drainage and Utility Easements in the plat of Pheasant Hills Preserve 8'h Addition (Lot 2,Block 1) That part of the north 10.00 feet of the south 30.00 feet of Lot 2,Block 1,Pheasant Hills Preserve 8th Addition, according to the recorded plat thereof;Anoka County, Minnesota,which lies west of the east 5.00 feet thereof and east of the west 5.00 feet thereof. (Lot 3,Block 1) That part of the north 20.00 feet of the south 40.00 feet of Lot 3,Block 1, Pheasant Hills Preserve 8&Addition, according to the recorded plat thereof,Anoka County, Minnesota,which lies west of the east 5.00 feet thereof and east of the west 5.00 feet thereof. (Lot 4,Block 1) That part of the north 20.00 feet of Lot 4,Block 1,Pheasant Hills Preserve Addition, according to the recorded plat thereof,Anoka County,Minnesota,which lies west of the east 5.00 feet thereof and east of the west 5.00 feet thereof. (Lot 5,Block 1) That part of the east 175.00 feet of the north 20.00 feet of the south 40.00 feet of Lot 5,Block 1,Pheasant Hills Preserve 8t`Addition, according to the recorded plat thereof,Anoka County,Minnesota,which lies west of the east 5.00 feet thereof. AGENDA ITEM 7A> STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: October 9, 2000 TOPIC: SECOND READING, Ordi c o. 16-PDVacatin An Easement / Across Lots 2-5, Block Pheasant Hill�Preserve 8 Addition VOTE REQUIRED: 415 VOTE REQUIRED BACKGROUND: The residents of Lots 2, 3, 4, and 5, all of Block 1, Pheasant Hills Preserve 8t�' Addition have petitioned the City to vacate a portion of the easement located in their backyards. The dimensions of the existing easement and the proposed vacation are shown on the attached drawings. The existing easement was dedicated for drainage and utility purposes. The grading plan, as proposed by the developer's engineer, originally showed a swale through the backyards of these properties. However, when these lots were graded by the house builders, the center of the swale was moved to the rear lot line. In fact, some of the drainage has been pushed outside of the plat limits and runs across property owned by the Centennial school district. The first reading of this ordinance was held on September 11, 2000. Since the first reading, the residents in the area have contacted the school district. The school district has indicated a willingness to grant the necessary drainage easements to the residents. City staff has determined that even without the school district easement the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. The publication of the ordinance will be delayed until either the school district easement is acquired or the swale is relocated into the existing, though reduced in size, easement. However, it is my understanding the easement may be executed by the school district before the City Council meeting. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two readings, publication, and a waiting period before it is in effect. OPTIONS: 1 Approve the Second Reading of Ordinance No. 16-00. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option 1. Proposed Descriptions for the Vacation of Parts of the Drainage L Utility Easement In the plat of PHEASANT HiLLS PRESERVE 8TH ADDITION PHBOSSM HIII9 PRESERVE (Lot 2, Block 1) (Lot 4, Block 1) STH ADD=N Proposed Legal Description Proposed Legal Description (7/25/00) (7/28/00) That part of the north 10.00 feet of the south '30.00 feet of Lot That part of the north 20.00 feet of the south 40.00 feet of Lot 2, Block 1, PHEASANT HILLS PRESERVE 8TH ADDITION, according to 4. Block 1, PHEASANT HILLS PRESERVE 8TH ADDITION, according to C I T T OF the recorded plat thereof, Anoka County, Minnesota, which Ices the recorded plat thereof, Anoka County, Minnesota, which lies west of the oast 5.00 feet thereof and soot of the west 5.00 feet west of the east 5.00 feet thereof and east of the west 5.00 feet LJK0 LA1m9 thereof. thereof. Y I N NE 8 0 T (Lot 3, Block 1) (Lot 5, Block 1) Proposed Legal Description Proposed Legal Description (7/28/00) (7/28/00) That part of the north 20.00 feet of the south 40.00 feet of Lot That part of the east 175.00 feet of the north 20.00 feet of the 3, Block I, PHEASANT HILLS PRESERVE 8TH ADDITION, according to south 40.00 feet of Lot 5, Block 1, PHEASANT HILLS PRESERVE 8TH the recorded plat thereof, Anoka County, Minnesota, which Ices ADDITION, according to the recorded plat thereof, Anoka County, west of the soot 5.00 feet thereof and east of the west 5.00 feet Minnesota, which lies west of the east 5.00 feet thereof. thereof. a NORTH �n..sy awwr MW er wn..r. 0 60 120 1 =• I s..�.w lew s.wyo. 11 eD -�- L - - — L J L _j a W.u..a sm� ' — — — SCALE IN FEET ' \ - ' �c Tr ,£at t •• s TIMBERWOLF TRAIL To Be Vacated T — D6.?5 t00.00— tOQ00 ZME OF,- ��i / sI to bi IgI Ig ����.• -o/� �I I- , gl I- — — — RECEIVED sssso4sa \ zs9at ��+DRAINAGE R AND uruarr EASEMENT � PER FLA N � pUG U 7�4� �e�.c.Sox eau �' o0 toa� SB9 2l'l4'W 949.67 GY OF LINO LAKES Bhsd 1 d t ��r"'�Ys�iy rxv,t<.: . 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LINE OF OUTLOT A. PHEASANT HILLS PRESERVE 7TH ADDITION • i A • AB TRACT Receipt# 0L1 Ej Incorrect/No Reference# Date/Time j o dL, (� ❑ Non-standard Document DOCUMENT NO. 1728592 . 0 ABSTRACT Document Ord —of / ❑ Certified Copy/ ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON NOV 08 2002 AT 9 :12 AM AND WAS DULY RECORDED. Filing Fees $ FEES AND TAXES IN THE AMOUNT OF PAID. Copy/Additional Pg Fees $ ❑ Tax Lien/Release $2 0 . 0 0 ❑ Transfer RECEIPT NO. 2-007- 3 SS— Well Cert Fees $ ❑ Division 3&%kA1j3&1 5 ❑ Incomplete Form ❑ Status ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Missing Attachment IRrNew legal Description BMC ❑ No Legal Description GAC BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REG/STRAROFTITLES ❑ Non-existent Legal Description El Deferred Specials ❑ Part(s)Illegible ❑ No Change