HomeMy WebLinkAbout2013-009 Council Ordinances To Ce, rt, i �.,�� lit
1 S`Readin 0 8/2 6/1 3 Publication:
2" Reading: Effective: 1 0 1 6 7 13
CITY OF LINO LAKES
ORDINANCE NO. 09-13
ORDINANCE VACATING A PORTION OF THE
DRAINAGE AND UTILITY EASEMENT ON
LOT 6,BLOCK 2, CLEARWATER CREEK(2235 ARTHUR COURT)
"The City Council of Lino Lakes ordains".
Section 1 Findings
1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and
utility easement as shown in Exhibit A and described as:
That part of the drainage and utility easement as dedicated on Lot 6, Block 2,
CLEARWATER CREEK, Anoka County, Minnesota, according to the recorded plat
thereof, described as follows:
• Commencing at the northwest corner of said Lot 6, Block 2; thence on an assumed
bearing of South 87 degrees 00 minutes 17 seconds East, along the north line of said Lot
6, Block 2 a distance of 115.40 feet; thence South 38 degrees 06 minutes 10 seconds
West a distance of 12.22 feet to a line drawn parallel with and 10 feet southerly of said
north line and to the point of beginning of the easement to be vacated; thence South 87
degrees 00 minutes 17 seconds East along said parallel line a distance of 164.00; thence
South 02 degrees 59 minutes 43 seconds West a distance of 140.01 feet; thence South 45
degrees 02 minutes 56 seconds West a distance of 39.15 feet; thence North 87 degrees 53
minutes 36 seconds West a distance of 104.89 feet;thence South 73 degrees 48 minutes
33 seconds West a distance of 32.90 feet; thence North 82 degrees 29 minutes 10 seconds
West a distance of 36.64 feet;thence North 00 degrees 48 minutes 04 seconds West a
distance of 111.71 feet; thence North 76 degrees 57 minutes 06 seconds East a distance of
37.17 feet; thence North 14 degrees 47 minutes 51 seconds West a distance of 34.49 feet;
thence North 38 degrees 06 minutes 10 seconds East a distance of 29.40 feet to the point
of beginning.
2. A public hearing was held on August 26, 2013 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
3. It appears to be in the best interest of the City to vacate a portion of such drainage and
utility easement; and
•
• 4. Four-fifths of all members of the City Council concur in this ordinance.
Section 2 Easement Vacated
The drainage and utility easement described herein is hereby vacated.
Section 3
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 9thday of September , 2013.
The motion for the adoption of the foregoing ordinance was introduced by Council
Membeio'Donnell and was duly seconded by Council MemberRoeser and
upon vote being taken thereon, the following voted in favor th
O'Donnell, Roeser, Rafferty, Stoesz einert
The following voted against same:
none
Jeff Reinert, a r
• ATTEST:
�'"Julian Bartell, Ci Cler
Cie
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CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: September 9, 2013
TOPIC: Consider 2 nd Reading of Ordinance No. 09-13 Vacating a
Portion of the Drainage and Utility Easement on Lot 6,
Block 2, Clearwater Creek
VOTE REQUIRED: 4/5
INTRODUCTION
Staff is requesting City Council consideration of the 2 nd reading of the proposed ordinance to
vacate a portion of the drainage and utility easement on Lot 6, Block 2, Clearwater Creek.
BACKGROUND
The applicant has submitted a Land Use Application for a drainage &utility easement vacation
and variance for the purpose of constructing a 40'x 50' (2,000 s.f.) detached accessory
building. The residential property is located at 2235 Arthur Court. The vacation is for an
existing drainage and utility easement and the variance is to allow for a second driveway
access.
As shown on the Clearwater Creek plat, a drainage and utility easement was dedicated over a
wetland area. This easement exists over much of Lot 6, Block 2 (2235 Arthur Court). A
Wetland Delineation Report was prepared by Earth Science Associates, Inc. in May 2013 and
was approved by Rice Creek Watershed District(RCWD) as LGU of the Minnesota Wetland
Conservation Act via Notice of Decision Application#I 3-049R on June 18, 2013. The
Wetland Delineation Report identifies the actual boundaries of the wetland and indicates over I
acre of useable upland exists on the subject property.
A Sketch and Description Survey prepared by EG Rud& Sons on August 20, 2013 shows the
new delineated wetland boundary,the proposed drainage and utility area to be vacated and the
proposed location of the accessory building. A 10 foot drainage and utility easement will be
maintained along Cedar Street.
The first reading of the ordinance was approved by the City Council on August 26, 2013.
RECOMMENDATION
Staff is recommending approval of the following item with conditions listed per resolution or
ordinance:
1. Ordinance No. 09-13 Vacating a Portion of the Drainage and Utility Easement on Lot 6,
Block 2, Clearwater Creek
ATTACHMENTS
1. Ordinance No. 09-13
Record ID 2639143
C I TY " f0 F
LINOLAK6
CITY OF LINO LAKES
CERTIFICATION
ORDINANCE NO. 09-13
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS 2068983 - 013
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. 09-13,
Vacating a Portion of the Drainage and Utility Easement (2235 Arthur Court), approved by the
Lino Lakes City Council on September 9, 2013, 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 September 11, 2013.
i
2- - z� 1
cityZ'1
600 Town Center Parkway,Lino Lakes,MN 55014
Phone:651-982-2400•Fax:651-982-2499
I" Reading: 0 8/2 6/1 3 Publication:
2" Reading: Effective: 10 167 13
CITY OF LINO LAKES
ORDINANCE NO. 09-13
ORDINANCE VACATING A PORTION OF THE
DRAINAGE AND UTILITY EASEMENT ON
LOT 6, BLOCK 2, CLEARWATER CREEK(2235 ARTHUR COURT)
"The City Council of Lino Lakes ordains".
Section 1 Findings
1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and
utility easement as shown in Exhibit A and described as:
That part of the drainage and utility easement as dedicated on Lot 6, Block 2,
CLEARWATER CREEK, Anoka County, Minnesota, according to the recorded plat
thereof, described as follows:
Commencing at the northwest corner of said Lot 6, Block 2; thence on an assumed
bearing of South 87 degrees 00 minutes 17 seconds East, along the north line of said Lot
6, Block 2 a distance of 115.40 feet; thence South 38 degrees 06 minutes 10 seconds
West a distance of 12.22 feet to a line drawn parallel with and 10 feet southerly of said
north line and to the point of beginning of the easement to be vacated; thence South 87
degrees 00 minutes 17 seconds East along said parallel line a distance of 164.00; thence
South 02 degrees 59 minutes 43 seconds West a distance of 140.01 feet; thence South 45
degrees 02 minutes 56 seconds West a distance of 39.15 feet; thence North 87 degrees 53
minutes 36 seconds West a distance of 104.89 feet; thence South 73 degrees 48 minutes
33 seconds West a distance of 32.90 feet; thence North 82 degrees 29 minutes 10 seconds
West a distance of 36.64 feet; thence North 00 degrees 48 minutes 04 seconds West a
distance of 111.71 feet;thence North 76 degrees 57 minutes 06 seconds East a distance of
37.17 feet; thence North 14 degrees 47 minutes 51 seconds West a distance of 34.49 feet;
thence North 38 degrees 06 minutes 10 seconds East a distance of 29.40 feet to the point
of beginning.
2. A public hearing was held on August 26, 2013 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
3. It appears to be in the best interest of the City to vacate a portion of such drainage and
utility easement; and
4. Four-fifths of all members of the City Council concur in this ordinance.
Section 2 Easement Vacated
The drainage and utility easement described herein is hereby vacated.
Section 3
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 9thday of September , 2013.
The motion for the adoption of the foregoing ordinance was introduced by Council
Membeio'Donnell and was duly seconded by Council MemberRoeser and
upon vote being taken thereon, the following voZJe
vor th_,e�esf:
O'Donnell, Roeser, Rafferty, S ,;—Reinert
The following voted against same:none Reinert, a dr
ATTEST:
Juliann Bartell, Ci Clerks--
SKETCH AND DESCRIPTION ATTACHMENT A
-for-WAYNE KELLY
-of-2235 ARTHUR COURT
LINO LAKES,MN 55038
CEDAR STR.E ET A
----.— . ......
S
PROPERTY DESCRIPTION // �; NORTH
Lol 6,Blnc4 2.CLEARWATER CREEK.Anoka Coun1Y Manesolc. P \ k%2$� wr s. lI '4i y .++[$_
V GRAPHIC SCALE
PROPOSED DESCRIPTION FOR DRAINAGE 1 ;
AND UTILITY EASEMENT VACATION
11 L pr I Ih• ro a ne vU I+ n co ea on Lot 6,Back 2, s4 / '�� TaS •8. +,�91i
CLEARWATEP.CREEK,Anoka County nnesotp actor the recorded pat -—— _
the eat nescrfied f .F: 'MQO96m 1 nnq Its —— ————— +F9 '� Fr VICINITY MAP Commennng os I<neNM1weat corner of 6 B c4 2'I ence or a ° e 1 li'
assvm r nq of SWIh 67 degrees 00 1 cones Euel,vongn
nennD n 1 a 0 Lot b B-1,z f 10 leer menae m /'•k � P.:.°` + � ` jw9dne PART OF SEC.25.TWP.3L LING.22
South 36 dFq1IF1 M mn D sec 1 d' ca of 1222 leel to
n wloh U.10 ee t I F.11Ce ndsllh Eo +' • E Y 16 III r,.r`x
degrp 00 q)seconds Evst v g l le ti",1 el once \�
16400 S D?deoraea 59 m 1 de Weal v d'srance
of I O9 a South 45 Beare 02 S6 Wet o e
dnlvnce o!J51 Norin 6] mnulexv}6sX.F.
o ,a+� s+•+ _ " ' ` I
._feet tnence degrees 53 ep
west o dstence vl 104.69 feel Ihence South]}degree•AB
mnvlesn}y
aeconaa W-sl a detente of 3290 feel Inenceleetrl NenceeNorV^O -r .°L•T+ r.
mnutea 10 seconds West a dslonce al 3664
Oe9rees 48 0 c detente of 111] 1 t
NDrlb 76 dagreese5] O6 cones Evsl a d'1 }))IF
49 ————— @ ; y,yam j�f'•
Ihence Nor1M1 14 tlegr t sl secvntls weal !3 ,4.0 vhY
f e e North 3oB n O6 les ID seconds E. dalvnce of
29 40Ifeet to I e P nt f gi n. n°a.4sn. P+• t
9 n 8 L ,O C.•K
IMPERVIOUS SURFACE
'; +•. � * w III
TOTAL LOT AREA. ....tZL.}01 SF' �y� •6 a° ^°° A'fiCf �((� d
EXISTING IMPERVIOUS °w• t v
Noose............................................2.5]1 S.F. n ~ a4 4
1ptolw..iaewcn n r _..............}.B91.d 8 5_` —_____— y ^•'• ANJKA COL.MY,MRJNESOTA
° o c eI< ...
CND SCALD
PRO-OSED IMPERVIOUS G
T W O
Proposes Bonding...................}.P22:.�
Lrivewvy ... F
TpIpI Prp P.,. ...._...__._._.... ,` ,�� I LEGEND
5.2 S.F.
p
iolol Percent Impervivvs ]t89. --'%' • DENOTES IRON MONUMENT FOUND AS LABELED
NOTES
_ D DENOTES INCIN MONUMENT SET,MARKED RLU 415]6
_ __— T Y/s DENOTES POWER POLE
_ jrvn.� .r�,++' 7,'P�,,, n DENS EXISTING SPOT ELEVATION
Field survey was comvletea by E.C.Rud and Sons. 0)/D1/1}. ` " ✓ ^r+. C / DENOTE OTES EXISTING
LAND
�` ,i v e1fiM - DENOTES EXISTING 1 FOOT CONTOUR INTERVA_5
°a
- Beorings shover.o,e en en aasvmee datum. S% + / OENOTES PROPOSED 1 FOOT CONTOUR IN7=RVALS
Curb shots are taken vl 11F tap vnd bock o curb. el rmv¢ DENOTES TREE LINE
- Tnis survey wos prepared wilhpul IM1e be of title worp. ddillanpl =T= DENOTES OVERHEAD WIRE
pl C OErvOTES EDGE OF WETLANDS AS
one/vr `l l DELINEATED BY EARTH SCIENCE
at Survey subpcl I On re p of v current LilleI ry/ ASSOCIATES,NC.ON 6-t3-13.
commtmenl o,pr Ptlprney'x NIF op aim�up mn / '� / / DENOTES CONCRETE SURFACE
on. I. ev /evse Pr / / I _ DENOTES BITUMINOUS SURFACE
- oposed menl vecelivn arec }2.636 S.F / w i • rn.n ✓„ rl, •/ / 'i DENOTES PROPOSED DRAINAGE AND
UTILITY EASEMENT VACATION
eby cerlilY Ihol Ihis a y FIF,
r e ae '-S1-'9-9'-1)-9C.-0 3 -
pWes prepaed 6y myaret ; a'- o'am
ay Rr 1 Su rud 5
the w l the Sta
BENCHMARK
TOP NUT OF 1111ANT AT 1-1-
y5 FRONT CORNER OF LOTS 1 AND 2.
JASO E RU ' S6yD 5~ 4 D O U R T / BLOCK- CLEARWATER CREEK
ELEVAi ON-e .Gl.
pole' O6-ZD-13 License No.11578 / ,'-��++ � 8 � /
/ \
E.G. RUII IL SOILS, INC.
Professional Land Surveyors an<N B ND.,,,�Fp pA'
Wn ,e„Md.apm 6776 Lake Drive �NE Suite 110
Lino Lakes,MN 55014
Tel.(651)361.8200 FOX(651)361-8701
13456EO
ANOKA COUNTY MINNLSOTA
DOC11111e111 No.: 2068983.013 ABSTRACT
I hereby certify that Are within instrument was filed ill this
office for record on:09 16,2013 12:34:00 PM
Fees/Taxes In the Amount of: $46.00
JONELL M.SAWYER
Anoka County Property Tax
Achniuistraloi,'Recorder/Registrar of'Pitles
MLM,Deputy
Record ID: 2639143