HomeMy WebLinkAbout2001-169 Council Resolution01-169
Council Member Reinert introduced the following resolution and moved its adoption.
CITY OF LINO LAKES
RESOLUTION NO. 01-169
RESOLUTION APPROVING A MINOR SUBDIVISION OF PROPERTY ON
HODGSON ROAD IN THE NE 14 OF THE SE 14 OF SECTION 31
WHEREAS, the City has received and application for the minor subdivision of property,
and
WHEREAS, the City's zoning ordinance and subdivision regulations provide for and
establish requirements for minor subdivisions, and
WHEREAS, the action involves splitting off a small strip of approximately 0.03 acre land
from one parcel with the intention of attaching it to an adjacent parcel, and
WHEREAS, the existing legal descriptions of both lots are given in Attachment A, and,
WHEREAS, the proposed new legal descriptions are given in Attachment B.
NOW, THEREFORE, BE IT RESOLVED that Lino Lakes City Council approves the
proposed minor subdivision as described by the attached legal descriptions in
Attachments A and B and in the document entitled "Survey For: Emerald Construction",
by Hy -Land Surveying, P.A., dated July 23, 2001,
BE IT FURTHER RESOLVED, that the following condition of approval applies:
1. The strip of land of approximately 0.03 acre removed from the northern parcel must
be combined with the lot to the south. Proof of the recording of the new legal
descriptions must be furnished to the City by the applicant within 10 days of the
recording.
Adopted by the Lino Lakes City Council this.p a '- day of o ci- - , 2001
ATTEST.
CC
Ann Blair, Ci
Joh J. Beixeson, Mayor
The motion for adoption of the foregoing resolution was duly seconded by
Council Member n' Donne 1 1 and upon vote being taken thereon, the
following voted in favor thereof:
Reinert, Dahl, Bergeson, Carlson & O'Donnell.
The following voted against same:
None.
Whereupon said resolution was declared passed and adopted.
MEMORANDUM
October 23, 2001
to: Ann Blair, City Clerk
from: Jeff Smyser
subject: John Dahl/Emerald Homes Minor Subdivision, Resolution 01-169
cc: Pete Kluegel
The City Council approved Resolution 01-169 last night. The resolution can be certified.
There are several attachments: two sets of legal descriptions and the survey. 'S/
As with any lot split, the minor subdivision must be recorded at the County. The strip of
land being split off on one parcel is being added to the adjacent parcel. Both legal
descriptions must be amended. The condition of approval is that the applicant supply
proof that the subdivision and the new legal descriptions have been recorded.
I will discuss this with Pete and the applicant, Mr. Dahl.
7;
ri
/11Z' 7/Y1 t
CERTIFICATION OF RESOLUTION NO. 01-169
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 Resolution No.
01-169 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:
RESOLUTION NO. 01-169 APPROVING A MINOR SUBDIVISION OF
PROPERTY ON HODGSON ROAD IN THE NE 1/ OF THE SE 14 OF SECTION
31.
Witness my hand as said City Clerk and the Corporate Seal of the City this 7th day of
November, 2001.
Ann J. B&1r, City Clerk
(SEAL)
600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182
Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410
HY-LAND SURVEYING, P.A.
LAND SURVEYORS
8700 Jefferson Highway
Osseo, Minnesota 55369
PHONE: (763)493-5761
FAX: (763)493-5781
'►urvrgurs Qrrtifiratr
EMERALD CONSTRUCTION
EXISTING DESCRIPTIONS
1-'747C Iii' ie ,1
4s9/a40,, 6/-/ 9
1PARCEL A (North Parcel)
•
'That part of the Northeast Quarter of the Southeast Quarter of
Section 31, Township 31, Range 22, described as follows: Beginning
at the Northwest corner of the Northeast 1/4 of the Southeast 1/4
of said Section 31; thence South along the West line of said
Northeast Quarter of the Southeast Quarter, a distance of 165.375
feet; thence East and parallel to the North line of said Northeast
1/4 of the Southeast 1/4 for a distance of 264.3 feet; thence North
and parallel to the West line of said Northeast 1/4 of the
Southeast 1/4 for a distance of 165.375 feet to a point on the
North line of said Northeast 1/4 of the Southeast 1/4 which is
264.3 feet East of the Northwest corner of said Northeast 1/4 of
the Southeast 1/4, as measured along the North line thereof; thence
West along the North line of said Northeast 1/4 of the Southeast
1/4 to the point of beginning. Being now a part of Auditor's
Subdivision No. 107. Subject to existing roads. An easement for
road purposes over the following described land; That part of the
North 33 feet of the Northeast 1/4 of the Southeast 1/4, Section
31, Township 31, Range 22, Anoka County, Minnesota lying West of a
line drawn parallel to and 16 rods distant from the West line of
said Northeast 1/4 of the Southeast 1/4.
PARCEL B (South Parcel)
That part of the Northeast Quarter of the Southeast Quarter of
Section 31, Township 31, Range 22, that is described as follows:
Commencing at Northwest Corner of the said Northeast Quarter of the
Southeast Quarter and proceeding thence South on the West line of
said Northeast Quarter of Southeast Quarter for a distance of
165.375 feet to the point of beginning of the tract of land to be
conveyed herein; thence East and parallel to the North line of said
Northeast Quarter of the Southeast Quarter for a distance of 264.3
feet; thence South and parallel to the West line of said Northeast
Quarter of Southeast Quarter for a distance of 135.375 feet; thence
West and parallel to the North line of said Northeast Quarter of
the Southeast Quarter for a distance of 264.3 feet to the West line
of said Northeast Quarter of the Southeast Quarter; thence North on
said West line to the point of beginning; being a part of Lot 8,
Auditor's Subdivision No. 107, Anoka County, Minnesota.
The only easements shown are from plats of record of Informatlon provided by client
I hereby certify thot this survey was prepared by me or under
my direct supervision, and thot I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by us this IITH day of SEPTEMBER 20 01
Signed
Milton E. Hyland, Minn. . No. 20262
SHEET 2 OF 2
HY-LAND SURVEYING, P.A.
LAND SURVEYORS
8700 Jefferson Highway 4,(�_qG,�! ,/ i-vie,�t`� l`7
Osseo, Minnesota 55369 <�Cf
PHONE: (763)493-5761 e e/J7'/ e/ -/of
FAX: (763)493-5781 /(
gout -urgers (arrtifiruir
PROPOSED LEGAL DESCRIPTIONS
PARCEL A (North Parcel)
That part of the Northeast Quarter of the Southeast Quarter of
Section 31, Township 31, Range 22, described as follows: Beginning
at the Northwest corner of the Northeast 1/4 of the Southeast 1/4
of said Section 31; thence South along the West line of the
Northeast 1/4 of the Southeast 1/4, a distance of 330.75 feet;
thence East and parallel to the North line of said Northeast 1/4 of
the Southeast 1/4 for a distance of 264.3 feet; thence North and
parallel to the West line of said Northeast 1/4 of the Southeast
1/4 for a distance of 330.75 feet to a point on the North line of
said Northeast 1/4 of the Southeast 1/4 which is 264.3 feet East of
the Northwest corner of said Northeast 1/4 of the Southeast 1/4, as
measured along the North line thereof; thence West along the North
line of said Northeast 1/4 of the Southeast 1/4 to the point of
beginning. Being now a part of Auditor's Subdivision No. 107.
Subject to existing roads. An easement for road purposes over the
following described land; that part of the North 33 feet of the
Northeast 1/4 of the Southeast 1/4, Section 31, Township 31, Range
22, Anoka County, Minnesota lying West of a line drawn parallel to
and 16 rods distant from the West line of said Northeast 1/4 of the
Southeast 1/4.
Which lies Northerly of the following described line: Commencing at
the Northwest corner of said Northeast Quarter of the Southeast
Quarter; thence South 0 degrees 32 minutes 11 seconds West, assumed
bearing, along the West line of said Northeast Quarter of the
Southeast Quarter a distance of 159.16 feet to the point of
beginning of the line to be herein described; thence South 88
degrees 51 minutes 52 seconds East a distance of 264.31 feet and
said line there terminating.
PARCEL B (South Parcel)
That part of the Northeast Quarter of the Southeast Quarter of
Section 31, Township 31, Range 22, described as follows: Beginning
at the Northwest corner of the Northeast 1/4 of the Southeast 1/4
of said Section 31; thence South along the West line of said
Northeast Quarter of the Southeast Quarter a distance of 330.75
feet; thence East and parallel to the North line of said Northeast
1/4 of the Southeast 1/4 for a distance of 264.3 feet; thence North
and parallel to the West line of said Northeast 1/4 of the
Southeast 1/4 for a distance of 330.75 feet to a point on the North
line of said Northeast 1/4 of the Southeast 1/4 which is 264.3 feet
East of the Northwest corner of said Northeast 1/4 of the Southeast
1/4, as measured along the North line thereof; thence West along
the North line of said Northeast 1/4 of the Southeast 1/4 to the
point of beginning. Being now a part of Auditor's Subdivision No.
107. Subject to existing roads.
Which lies Southerly of the following described line: Commencing at
the Northwest corner of said Northeast Quarter of the Southeast
Quarter; thence South 0 degrees 32 minutes 11 seconds West, assumed
bearing, along the West line of said Northeast Quarter of the
Southeast Quarter a distance of 159.16 feet to the point of
beginning of the line to be herein described; thence South 88
degrees 51 minutes 52 seconds East a distance of 264.31 feet and
said line there terminating.
The only easements shown are from plots of record of Information provided by client
I hereby certify thot this survey was prepared by me or under
my direct supervision, and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by us this IITH day of SEPTEMBER 20 01
Signed
Milton E. Hylond, Min a g No. 20262
SHEET I OF 2
STAFF ORIGINATOR:
C. C. MEETING DATE:
TOPIC:
VOTE:
AGENDA ITEM 7 A
Jeff Smyser
October 22, 2001
Resolution 01-169
Minor Subdivision, 62xx Hodgson Rd.
Part of Lot 7, Auditor's Subdivision No. 107
John Dahl, Emerald Custom Homes, Inc.
3/5
BACKGROUND AND ANALYSIS
The application is to remove a portion of land from one parcel and attach it to the
adjacent parcel. That is, the action will move the lot line approximately five feet. The
purpose for the proposed action is to settle a question regarding the property boundary.
This report is based on the document "Survey For: Emerald Construction", by Hy -Land
Surveying, Inc., dated July 23, 2001.
Mr. Dahl is purchasing the lot from Mr. John Tobish. As part of the sale of the property,
Mr. Dahl had a survey prepared. The survey determined that the irons marking the
property corners were incorrectly placed. That is, the irons are not located according to
the legal description of the property.
The legal description is just that—the legal description of the property boundaries.
However, Mr. Tobish and the neighboring property owners, the Bakers, have always
assumed that the iron monuments represent the property line. In order to avoid a dispute
over the property boundary, Mr. Dahl prefers simply to split off the strip of land and deed
it over to the Bakers. This requires a minor subdivision approval by the City.
The property is zoned Rural. This lot comprises one acre when measured to the
centerline of Hodgson Rd. The lot was created prior to the 10 -acre minimum lot size
now required in the Rural zone. The strip of land to be removed is approximately 1328
square feet, or 0.03 acre. The application involves a very minor change and poses no
concern for public health, safety, or welfare.
Mr. Dahl plans to construct a new house on the lot. That will require a building permit.
The typical building permit review will address such issues as setbacks, a driveway
permit from Anoka County, a culvert under the driveway, and septic system
requirements.
Dahl Minor Subdivision
page 2
..— PLANNING & ZONING BOARD ACTION
The P & Z Board considered the application on October 10 and recommend approval
with the condition listed below.
Staff recommends approval of the minor subdivision with the following condition:
1. The strip of land of approximately 0.03 acre removed from the parcel must be
combined with the lot to the south. Proof of the recording of the new legal
descriptions must be furnished to the City by the applicant within 10 days of the
recording.
OPTIONS
1. Approve Resolution 01-169, approving the minor subdivision.
2. Return to staff with direction.
RECOMMENDATION
Option 1
• RESHANAU'
COUNTY PARK
I
1
SHORES
♦ 0
I '.
f
I/R-3
1
R-1
ktt
LAKE)
J
•AM _.a W 4111111.M.
1
•
IUJ
z.,41-)' I
-co '•••
i t ti 1'
' R
17, 117
RK
.,1_:..x.1 _--1'7
440.00
--290--
J
LINDA s
/ /3
4(40
LANE
rB�--Z7-ram
W
_ k1 20;
$ ?/ 4 0;t. C'�) / -.(E*) 191)
•
:' /Jl de 6n BO AO �.
i7s./s .Ao 69.„(:*),1
79 a i%7� rr.aF
3 , ��44).1113-27-.C;14 0) m (,o) Y (,) a X.
04)N
(3z) 4
0.00
A`qq 42
(4f)
(29)
440.00
423.00
440.00
440. co
2
423.00
U.P.A. 1 EA$EME
/90.00
440.00
300
028,
s33-�
44J 84"2
G.9
,Usd:� G.t.81
• 2 34 �'t 5 —
(8) y (9) (a) o (ii)
.98'.4r4'3714/
o'`4-
-200 ^ \
ItI 1 l)
'; C' ( /
ZS
2 a
(3) , •--,IPA.;
/4 414
cr.
4
88'06'37 M/
205. 00
ti
2/9 9f
N ad 54'37 t✓
3
(4)
2/9.q9
N S$'Ss'37!/
N
TN4 o \
6)ti (5) '
o $
.705. Do ` 2/9.99
1' g8 -5L' -37l./
0
0
/3
/54_
i44
0
pi
6
(7)
5 (`)
a
N
i0HAVIC
.205.00
.v 88'- 29- 5/ !e/
200.ov
LANE
220.0.=
Nyp. AO's/ -H/
Zoo .4.0
(, 54
-
200
(V 41
,
(20) 53
(/"2 42
8
ki
(27) 52
4
3
//9)
(4) 43
4
(---
51
a
(9)
44
8
(29
50
(2)
45
s
(24)
49
(20
46
k3
25)
48
440
()
47
440'
1 M
a 1 w a
440.00
--290--
J
LINDA s
/ /3
4(40
LANE
rB�--Z7-ram
W
_ k1 20;
$ ?/ 4 0;t. C'�) / -.(E*) 191)
•
:' /Jl de 6n BO AO �.
i7s./s .Ao 69.„(:*),1
79 a i%7� rr.aF
3 , ��44).1113-27-.C;14 0) m (,o) Y (,) a X.
04)N
(3z) 4
0.00
A`qq 42
(4f)
(29)
440.00
423.00
440.00
440. co
2
423.00
U.P.A. 1 EA$EME
/90.00
440.00
300
028,
s33-�
44J 84"2
G.9
,Usd:� G.t.81
• 2 34 �'t 5 —
(8) y (9) (a) o (ii)
.98'.4r4'3714/
o'`4-
-200 ^ \
ItI 1 l)
'; C' ( /
ZS
2 a
(3) , •--,IPA.;
/4 414
cr.
4
88'06'37 M/
205. 00
ti
2/9 9f
N ad 54'37 t✓
3
(4)
2/9.q9
N S$'Ss'37!/
N
TN4 o \
6)ti (5) '
o $
.705. Do ` 2/9.99
1' g8 -5L' -37l./
0
0
/3
/54_
i44
0
pi
6
(7)
5 (`)
a
N
i0HAVIC
.205.00
.v 88'- 29- 5/ !e/
200.ov
LANE
220.0.=
Nyp. AO's/ -H/
Zoo .4.0
200
200
200
4
..,,,�
°z,
_{
4
3
//9)
, w
4
2
//ol
ti
".
a
/
/...l
9 (4
N
— 24 /2oos 39V) i MCi
10
_24 Roos (39c.A')_
(6) AUI
221 f0
gig' 12`)
N
o06 Rd05) 21,4
(") NO.
(1°)
i
1 `.
-- /320. 00 •--
1
3
1 ni av 4N11 LS3M 3H1 H11M i311Y21Vd 3NIl 1
0 • ---
Q // • /.- `�.\
•
/
-9 1 1 / o •\
o•
Q.Q.M„II,Z£.00S 90091 i § ZZ't 1
1 1 / (00'991)
••1 o /
__L
1 S /
0J
L1J �y ( `�� 44-00.
l �n
• `/ civ ££ I �1
_�I
_C z
1 6
L1_ \I(�J o a 906 a n l .1
3
U
I...-- 4 ° b.sl 6
..... 4 ,o -,az
O� 90'rr
r m
f - 30N30IS321 `0 1 u
() W N e- z 0350do21d S n1co 0
i 1 a .z -.a :� s <
L CO 1 N 0 "'I H i
W Y p - .L -AL . `'�
o /.r\;-_)
4-1 1 fig- ZZ
W 8 OCC
V ..--
v:....
0 61•'OI $ a
4.
\/ rP
ea
W
Q v ` ..i es
3A121Q / 1 v Z
W ~C �� L J
v.
z
04
1 / r --e
i c1
W N W
z _
2 in P -
C4.1 Li
C C.;
( 7 30• aJ
U 6 Q
-
Sb1 // N \
1
2 ,- I i�
/ if p 1
6�
Z �- I u_ - — -� 1
F o40
11 / 9£'6SI `
•
/
- - o o �-o -a a
6�—
(00'991)
3.II,ZS<.00N 91'691
U'02t HOSDQOH
• 0330 SL'Z££
• —'SY3W 6L'0££-
— 1.._\ — —
/ v
ZZ'2! '1£'1 •I£'33S 30- */I 3S 3H1 30 4/1 3N 3H1 30 3NI1 1S3M 3H1
\ 1V/1
1 V
^ 1 A Lit_ \ 1
V 1 I V(,
va'S
r)
SURVEY FOR:
EMERALD CONSTRU
(i
<C
C)
-r-
_L_
<C
C)
/ I
/
/
/
1
1
1
•
•
•
•
33
OF SEC.31, 7.31, R.22.
HODGSON ROAD
\
•
.43, I FOUND
IRON
8
THE NORTHWEST CORNER OF THE NE 1/4
Of THE SE 1/4 OF SEC.31, T.31. R.22.
1
/ /// 50 ^ ``\h D- 3 TME NORTH LINE OF THE NE 1/4 OF
/ \
FRo D I \\ 264.00 S89'13'011
1 yvie,: � p t
qos.� r
61)"`I ,1
c)264.00)
L 1
33
of
In
'AC\) /A
(2)\
/ ltll
poasal� I 'Ctivw
b � \ i2-" Gulv6.4 0 ��j P./. u.4
3:
5y 4
90441.4
08
r
I
33 1 '1
33
-r�
L 7
1
L..r12'Cfr►P I i ,V e_
4r
SIF D-7
I
g0�9?
1FOUND•
\\
IRON —
109.57
THE SE 1/4 OF
TL) A /'r_
1 I \ l_
SEC.31, T.31, R.22.
Ec..5ew\e✓vr
o °�S•Cl
0
Bio -4.%
0
0
N
1141,
I-0•
83
W
0
mix
905.9
o
- 25,_4,.
icyo6,3 //
/
CI r,4.83 - • 264.01 N88'51'52"W _ SOUND
N
N
\ 6)08.3
\
,\\D_4
PP
0
/
160.78 600.32'11"W
W N
I- • K
ts
/ z
J M
r I
\ I
DEATIL I
/
< W
20
M
FOUND
iIRON
f
(264.00) Tep=nv-°os.41. 9OG►. (.
SOUTH LINE PER MONUMENTATION
1.31 FOUND
IRON
•
\
\
\
••••
N
N
DEATIL 2
•
•
\
\
•
•
•
•
FOUND
.16 IRON
.30
\\D_2
\
\• ---''/
•
\
I/
DEATIL 3
\
\
/
/
/
/
/
/
CTION
DEATIL 4
s
0 LQ 80 120
iasiesecisiansiiieng5
SCAL 1 INCH = 40 FEET
(000.00) DIMENSIONS FROM PLAT
OF AUDITOR'S SUBDIVISION NO. 107.
90‘04. Proposed Top of Block
90(30 Proposed Garage Floor
9,03.2 Proposed Lowest Floor
Type of Building -
p(74- Level
0 Denotes Iron Monument
O Denotes Wood Hub Set
For Excavation Only
x000.0 Denotes Existing Elevation
Denotes Proposed Elevation
-11-- Denotes Surface Drainage
Lot 7, Auditor's Subdivision No. 107, Anoka County, Minnesota,
which is more fully described as follows:
Commencing at the Northwest corner of the Northeast Quarter of the
Southeast Quarter of Section 31, Township 31, Range 22, Anoka
County, Minnesota, also being the Northwest corner of said Lot 7,
said point being the point of beginning; thence South 89 degrees 13
minutes 01 seconds East, assumed bearing, along the North of said
Northeast Quarter of the Southeast Quarter, also being the North
line of said Lot 7, a distance of 264.00 feet, to the Northeast
corner of said Lot 7; thence South 0 degrees 32 minutes 11 seconds
West, parallel with the West line of said Northeast Quarter of the
Southeast Quarter, along the East line of said Lot 7, a distance of
160.78 feet; thence North 88 degrees 51 minutes 52 seconds West,
along the South line of said Lot 7, a distance of 264.01 feet to
the West line of said Northeast Quarter of the Southeast Quarter,
also being the Southwest corner of said Lot 7; thence North 0
degrees 32 minutes 11 seconds East, along the West line of said
Northeast Quarter of the Southeast Quarter, also being the West
line of said Lot 7, a distance of 159.16 feet, as measured, to the
Northwest corner of said Northeast Quarter of the Southeast
\Quarter, also being the Northwest corner of said Lot 7 and there
)serminating.
E
0
ZZ
Oo s
1-= (/)
CL —
— 0
Ce
<
LI -1 c CO
C:z1
Z
(n< Z I <
uJo c
CD 0 0 •
4.1
-43
cc
3 0
o
4.1
Lf" 6
0,
0 .
.0 v 0 0
0
4U
o3 2 .
Lo• o
o.
O • 00
>
O 4- 1:3
-0 0
C
:E0 4; CA
eo
-0
0.-
.0
•••• .5
t: o.4
•••••
4.) 3
,..›)
0
.0
E
c(30)
CID Cr)
kr)
LLC))
E-1
Z
Cf)
oETh
z
cf),
Li
6
o
0lfl
cn
co o
FAX: 493-5781
493-5761
z