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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 Q rn Q 0 oioi c m - Q mPmm� iO:.< ci m^-z¢J.nN 6O mm s° m y� 0Q Q TQ PC o 0 3 � N 3 0 - 2 no¢¢o rv",� o R'1 pnTm`° -'o�°m;gm'h3 n° C o 7 1 y 3 0 3 �3 � s �'o cvm >>I Q o..ry mNo]n oo�'ry o,n ]°3? ^zr��O x R1 r N W 2 W V' ¢ p ^N� „' i � 3 � OVOA - °�myOAN° -Opj¢ rym� m3 5 3p Q nv Hoo:o ¢m¢ R1 l� � pv,� S e a „ 4 u 3 g m ��_ - 3Pp° ODZCD �.r fD o _ a o e ^ M p°lr5m=;aU .. ;o r c m 13 C ] . f.oaNa w MA ca D ym C0 3 n W.. w o o w n N m n F r v no?pOS = � 3 m VN .00 OO1 -N°Z[PN n�OpO MI °n C] VI Ll- �p n ORz< m �°5•.�,��°�°Oo-�• zT z a oMfA na w = 3 a �aoNa co t NMI m ¢ °'n J ooga o'nm o� jO-NN � a p O \ I I I I I \ I I I I I \ Sz.lx 370 3B O rZ It I is is Wig. d_ `�'�'"'r<< nT. %S's I'I r}- •�s 'a_, ��`' 4 v I �a`b f x° '�;��•r a Is � \ $ \ O, � 4e �sozsNiaTw 't uo,oi 8 RY ,� Y p�\ I p 1` \ H o a - - N,- -- — — — — — — — — — — — — — — — — — — g I �l m00, I " <o�SZ1l L Jf I M ¢ ti F-I C 'a'v 4T z o mmm vrmm z A Iw r z z z z z z Z.z z z p n�z� = o0 0 oz000 Z. 00 000o r�rni �ti � -lom-ly� r7 Im��1 mwm Q mmm nym m m1 , R� NA mNNVI yVIN VImmVI VI /INN � v- a H'y�m .S Nvmc, Nvmo vxr`l >ipz,alb �t oy �71 zm'vw"A- N-1 -mi Az z •_ �f� ...,w. �-� 'aO z m NA ( y P S n ➢ y Z fA•I (1 C Z ➢ Z A L O Tq ° = 9S x O oa�omn�zz myW yAv � �.wDm p0 mzy ^, _ Z NZ .y n WnZ p r1 m Imo n o < ~ z z 0 0 v $ 2 v A A z A m D m Y j O 16 O• m FI tF \_ � � _ Q m 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