Resolution - #15-04-097 - 04/28/2015

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Councilmember Johns introduced the following resolution and moved for its adoption: RESOLUTION #15-04-097 A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR AN EXISTING DECK AND SEPTIC SYSTEM WITHIN A DRAINAGE AND UTILITY EASEMENT AT 8077 155TH LANE NW AND DECLARING TERMS OF SAME. WHEREAS, Michael L. Swanson and Diana J. Swanson, hereinafter referred to as the "Applicant", has requested an Encroachment Agreement for an existing deck and septic system. (the "Deck" and "Septic System") that encroach upon a drainage and utility easement (the "Easement") on the property generally known as 8077 155th Lane NW, Ramsey, Minnesota and legally described as follows: Lot 2, Block 2, The North Forty 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota. (the " Subject Property"); and WHEREAS, in 1991, the City of Ramsey (the "City") received an application from the original developer of The North Forty 3rd Addition to vacate a portion of the Easement on the Subject Property; and WHEREAS, in 1991, the Planning Commission tabled action on the easement vacation request until the developer provided a revised drainage and grading plan for The North Forty yd Addition, which the City never received; and WHEREAS, in 1991, the City issued a building permit for the Septic System to be installed within the Easement; and WHEREAS, in 1998, the City issued a building permit for the Deck within the Easement; and WHEREAS, the City's Engineering Division has found that the Easement can still function with the encroachment of the Deck and Septic System; and WHEREAS, the City Council reviewed the request on April 28, 2015. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1) That, contingent upon the Applicant entering into an Encroachment Agreement with the City, the Applicant may continue to maintain the Deck and Septic System, in their current configurations and dimensions, in accordance with the terms and conditions contained within the Encroachment Agreement.