Resolution - #15-11-288 - 11/24/2015

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Councilmember LeTourneau introduced the following resolution and moved for its adoption: RESOLUTION #15-11-288 RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR AN EXISTING DRIVEWAY EXTENSION PARTIALLY LOCATED IN A DRAINAGE AND UTILITY EASEMENT AT 5581 148TH LANE NW AND DECLARING TERMS OF SAME WHEREAS, Douglas F. and Vicky A. Foyt, hereinafter referred to as the "Applicant," have requested an Encroachment Agreement for an existing driveway extension (the "Extension") that partially encroaches upon a drainage and utility easement (the "Easement") on the property generally known as 5581 148th Lane NW and legally described as follows: Lot 4, Block 1, Ramsey Commons 2"d Addition, Anoka County, Minnesota (the "Subject Property"). WHEREAS, the Ramsey Planning Commission, on November 12, 2015, approved a Variance to the setback requirement for the Extension contingent upon the surface of the Extension being upgraded to comply with City Code and upon executing an Encroachment Agreement with the City; and WHEREAS, the Ramsey Engineering Department approves of the encroachment into the Easement so long as the Applicant maintains both positive drainage on the Subject Property and existing grades at the property line; and WHEREAS, City Council reviewed the request on November 24, 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 use and maintain the Extension in accordance with the terms and conditions contained within the Encroachment Agreement. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Johns, and upon vote being taken thereon, the following voted in favor thereof: Mayor Strommen Councilmember LeTourneau Councilmember Johns Councilmember Kuzma Councilmember Riley Councilmember Shryock Councilmember Williams