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HomeMy WebLinkAbout2002-122 Council ResolutionResolution No. 02-122 Councilmember Reinert introduced Resolution No. 02-122 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-122 ACCEPTING DITI I NO. AGE AND UTILITY EASEMENTS, LOTS 3 - 6, BLOCK 7, LAKES STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk othe e City of Resolution Lino NoLakes, wnn thensota, do hereby certify that the attached document is a true copy 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: AGE RESOLUTION NO 02-122 ACCEPTING 6, BLOCK 7, LAKES ADDITION N0.2 D UTILITY EASEMENTS, LOTS 3 Witness my hand as said City Clerk and the Corporate Seal of the City this 24th day of September, 2002. Ann J (SEAL) CITY OF LINO LAKES RESOLUTION NO. 02-122 RESOLUTION ACCEPTING DRAINAGE AND UTILITY EASEMENTS, LOTS 3-6, BLOCK 7, LAKES ADDITION NO. 2 WHEREAS, a drainage and utility easement was to be deeded to the City as part of platting and other legal agreements in 1989, and WHEREAS, the easement covers parts of Lots 3, 4, 5, and 6, Block 7, Lakes Addition No. 2, and WHEREAS, the easement was never recorded, and WHEREAS, the City has received a legal description for the easment across those lots, NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby accepts the easements described in Attachment A. 1 Adopted by the Lino Lakes City Council this .23 r day of Set, 2002. ATTEST: Ann Blair, Clerk Jo J.13— eson, Mayor g Y AUG.13'2002 14:43 763 427 0009 REGISTERED ABSTRACTERS #4616 P.002/005 RESOLUTION 02-122 ATTACHMENT A EXHIBIT "A" An easement for drainage and utility purposes over, under and across the following described property: That part of Lot 3, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 67.00 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 86.00 feet westerly of the southeast corner of said lot. And The South 10.00 feet of the West 70.00 feet of Lot 3, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof. And That part of Lot 4, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 80.00 feet westerly of the northeast corner of said lot to a point on I:be south line of said lot distant 68.00 feet westerly of the southeast corner of said lot. And The North 10.00 feet of the West 70.00 feet of Lot 4, Block 7, LAKES ADDITION NO. 2, According to the duly recorded plat thereof. And That part of Lot 5, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drown from a point on the north line of said lot distant 68.00 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 60.00 feet westerly of the southeast corner of said lot. And Thar. part of Lot 6, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 60.00 feet westerly of the northeast corner of said lot to a point on the south lioe of said lot: distant 67.00 feet westerly of the southeast corner of said lot. AUG.13'r � 2002 14:43 763 427 0009 REGISTERED ABSTRACTERS #4616 P.003/005 I I -- 7 I L� / 1 1 `~ 1 86.00 80.00 i 4 ti 2 W LJ 68.004'5 ° 67.00 110 r1 O 2qcf) AGENDA ITEM 7 G STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 23, 2002 TOPIC: Resolution 02-122, Accept Drainage & Utility Easements, Lots 3-6, Lakes Addition No. 2 VOTE REQUIRED: 3/5 BACKGROUND Lakes Addition #2 was platted in the 1980s. Subsequently, there was some legal activity regarding the buildability of some of the lots in Lakes Addn. #2 and Lakes Addn. #3. In the end, among other things, a separate drainage and utility easement covering portions of several lots was to be dedicated to the City. This was to cover a wet area. However, this easement was never recorded. We have received a new easement grant document from the current owner, who has requested that the City accept the easement to clear up the issue. The City should accept this easement so it can be recorded. As indicated on the attachments to Resolution 02-122, the drainage and utility easement covers the eastern portions of Lots 3-6. The resolution states that the City Council accepts these easements. Once the resolution is approved, the title company will send us the original deed for City signatures. OPTIONS 1. Approve Resolution 02-122. 2. Return to staff with direction. RECOMMENDATION Option 1 EASEMENT GRANT THIS EASEMENT, made this 16th day of August , 2002, by Capital Homes, Inc., a Corporation under the laws of Minnesota, Grantor, to the City of Lino Lakes, a municipal corporation, Grantee, County of Anoka, State of Minnesota. WITNESSETH, that Capital Homes, Inc., a Corporation under the laws of Minnesota, for value received do hereby dedicate to the City of Lino Lakes a permanent easement for pond and flowage purposes over, under and across the land located within the City of Lino Lakes, County of Anoka, State of Minnesota, described as follows: See Attached Exhibit "A" This easement is given to replace unrecorded easements as evidenced by Document No. 1559755. State Deed Tax Due: None IN WITNESS WHEREOF, Capital Homes, Inc., a Corporation under the laws of Minnesota, has caused these presents to be executed or has set their hand the day and year first above written. IN PRESENCE OF: cam., APPROVED F .... RANSFER WITH vvWWITHCL` CONDITIONS (SEAL) City of L:no Lakes Date: `) 2y L�J� By: Kerry B President STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) On this 16th day of August , 2002 , before me, a notary public within and for said County, personally appeared Kerry Burnham, the President of Capital Homes, Inc., a Corporation under the laws of Minnesota, on behalf of the Corporation, to me known to be the person described in and who executed the foregoing instrument and they executed the same as their free act and deed. J Aa'! A M. r_r.._Lr, i I Otz 'PLcU4__ C-,4 %' IrCouiesscor� Gt /l �f✓ M /1 L° Notary Public NOTICE IS HEREBY GIVEN that the City of Lino Lakes, County of Anoka, State of Minnesota, has accepted on S kw, ( ,— 23 , 2.L2- - , the above described easement in this doent. Dated: -M k 2 `i � Z • This instrument was drafted by: Registered Abstracters, Inc. 2115 North Third Avenue Anoka, MN 55303 CITY OF LINO LAKES By EXHIBIT "A" An easement for drainage and utility purposes over, under and across the following described property: That part of Lot 3, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 67.00 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 86.00 feet westerly of the southeast corner of said lot. And The South 10.00 feet of the West 70.00 feet of Lot 3, Block 7, LAT(F'S ADDITION NO. 2, according to the duly recorded plat thereof. And That part of Lot 4, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 80.00 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.00 feet westerly of the southeast corner of said lot. And The North 10.00 feet of the West 70.00 feet of Lot 4, Block 7, LAKFS ADDIITION NO. 2, according to the duly recorded plat thereof. And That part of Lot 5, Block 7, LAKFS ADDITION NO. 2, according to the dul y recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 68.00 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 60.00 feet westerly of the southeast corner of said lot. EASEMENT GRANT THIS EASEMENT, made this 16th day of August , 2002 , by LaNea E. Pavel and Thomas W. Pavel, Wife and Husband, Grantor, to the City of Lino Lakes, a municipal corporation, Grantee, County of Anoka, State of Minnesota. WITNESSETH, that LaNea E. Pavel and Thomas W. Pavel, Wife and Husband, for value received do hereby dedicate to the City of Lino Lakes a permanent easement for pond and flowage purposes over, under and across the land located within the City of Lino Lakes, County of Anoka, State of Minnesota, described as follows: That part of Lot 6, Block 7, LAKES ADDITION NO. 2, according to the duly recorded plat thereof, lying easterly of a line drawn from a point on the north line of said lot distant 60.00 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 67.00 feet westerly of the southeast comer of said lot. This easement is given to replace unrecorded easements as evidenced by Document No. 1559755. State Deed Tax Due: None IN WITNESS WHEREOF, LaNea E. Pavel and Thomas W. Pavel, Wife and Husband, has caused these presents to be executed or has set their hand the day and year first above written. IN PRESENCE OF: APPROVED FOR TRANSFER WITH j WITHOUT CONDITIONS (SEAL) City of Lino Lakes Date: By: 3a/dJ LaNea E. Pavel ("7-'14- )44.4-4 Thomas W. Pavel STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) On this 16th day of August , 2002 , before me, a notary public within and for said County, personally appeared LaNea E. Pavel and Thomas W. Pavel, Wife and Husband, to me known to be the person described in and who executed the foregoing instrument and they executed the same as their free act and deed. JEANNA M. T::17,�_L A NOTARY FUSLI :.;:!:ES',„1 MYC01twssLONlPiaa1„ i s LOWAYWWWWWWWWWWW~WeW� Notary Public NOTICE IS HEREBY GIVEN that the City of Lino Lakes, County of Anoka, State of Minnesota, has accepted on 23 , 2002, the above described easement in this document. Dated: & pkv kr Z H Z This instrument was drafted by: Registered Abstracters, Inc. 2115 North Third Avenue Anoka, MN 55303 CITY OF LINO LAKES By