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Home My WebLink About7a. Request by Boisclair Corporation for Drainage and Utility Easement Vacation at Park Place Townhomes, Case 12-12-VAC �� RC�SE1�✓I�LINT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: June 19, 2012 AGENDA ITEM: Case 12-12-VAC Request by Boisclair AGENDA SECTION: Corporation for Drainage and Utility Easement public Hearing Vacation at Park Place Townhomes PREPARED BY: Eric Zweber, Senior Planner AGE DA NO. APPROVED BY: ATTACHMENTS: Location Map, Resolution, Boisclair Corporation Vacation Request Letter, Easement Vacation Sketch, Grading As Built Drawing 0 RECOMMENDED ACTION: Motion to adopt a Resolution approving the Vacation of a portion of the Drainage and Utility Easement within Lot 1, Block 1 Cimarron Village Townhouses. SUMMARY The Boisclair CorpoYation owns the Park Place Townhomes on the south side of 145`'' Street and east of Cimarron Avenue. Last year,Boisclair remodeled the single level apartment style buildings into multiple story townhome. Part of the Yeconstruction included the construction of garages for the residents. One of the garages were constructed three tenths (0.3) of a foot within an existing 10 foot drainage and utility easement adjacent to the propeYty owner to the south. The fmancer for the redevelopment is requiring that the encroachment issue be resolved. Boisclair has requested that a one-half(0.5) foot by 33.6 foot portion of the drainage and utility easement be vacated to accommodate the financers requirement. This vacation would reduce the drainage and utility easement by a total of 17 square feet. To demonstrate that the reduced drainage and utility easement will still function, Boisclair provided a grading as-built drawing showing that the drainage flo�vs from the south to the north and theYefore�vould not impact the neighbor to the south. The as-built also shows a lo�v axea behind the garage (south side of the garage) that collects wateY. The condition of vacation approval is that the Boisclair correct the grade behind the garage to direct drainage to the east and noYth around the garage. RECOMMENDATION Staff recommends approval of the drainage and utility easement vacation. Park Place Townhomes ��r�u sr d SAaFtD ST 1M AC. , G"�� MG'AFt � �' � . U +�" < — , :r ., , U p�R 9:3Rn ST'�J d �. ,, > � . x �� iu , � 't+ a 544�".hl S°C ��1+7;I�. ST A5"G' T ;.. .� -` P�4R14 �t�iGE �m .w a� T�,��d�aE 5 . * � ,,:. � �., � asr s` , `'a I i �'' �� c� c� � p� d"oT H:SF Ah" . p� . ¢ � � Q 3+1]"1'H Si" ' 2 � _ � U � �.�'��$.�� tl t , ,. R 47TH S -1 Q A48TH T` ¢ � ¢ � � � � � � -08T T :� s� 47 � � � _ �� °f'{'�12�48"f Sdfi rM Disclaimer.� Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch =400 feet appraisal, survey, or for zoning verification. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2012 - A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT WITHIN LOT 1, BLOCK 1 CIMARRON VILLAGE TOWNHOUSES WHEREAS, the Community Development Department of the City of Rosemount received a request from Boisclair Corporation to vacate a 0.5 foot deep by 33.6 foot wide portion of a drainage and utility easement at their Park Place Townhomes; and WHEREAS, the Boisclair Corpoxation constructed a garage the extends 0.3 feet into the e�sting 10 foot side yard drainage and utility easement; and WHEREAS, the Boisclair Corporation has provide a grading as built drawing to demonstration that the reduced 9.5 foot drainage and utility easement will not direct water towaxds the neighbor to the south;and WHEREAS, the City Council reviewed this request and conducted a public hearing on June 19, 2012. NOW,THEREFORE, BE IT RESOLVED, the Council of the Ciry of Rosemount hereby approves the Vacation of the Dxainage and Utility Easements, legally described as: That part of the drainage and utiliry easement as dedicated in Lot 1,Block 1, Cimarxon Village Townhouses, Dakota County, Minnesota described as follows: Commencing at the most southerly corner of said Lot 1, thence on an assuxned bearing of North 0 degrees 47 minutes 49 seconds East along the easterly line of said Lot 1 and its northerly extension a distance of 150.43 feet; thence North 89 degrees 12 minutes 11 seconds West a distance of 21.40 feet to the point of beginning of the parcel to be described; thence continue North 89 degrees 12 minutes 11 seconds West a distance of 33.60 feet; thence South 89 degrees 47 minutes 49 seconds West a distance of 0.50 feet; thence South 89 degrees 12 minutes 11 seconds East a distance of 33.60 feet; thence North 89 degrees 47 minutes 49 seconds East a distance of 0.50 feet to the point of beginning. Subject to the regaxding of the south side of the garage to direct drainage to the east and the north. ADOPTED this 19th day of June, 2012, by the City Council of the Ciry of Rosemount. William H. Droste,Mayor ATTEST: Amy Domeier, City Clerk MfL0111GOWfM1WESiMN!(S W AE1L EldiE 9Ml/971 May 31,2012 Phil Olson, PE City of Rosemount 2875 145`h Street West Rosemount, MN 55068 Re: Vacation of Easement—Park Place Townhomes 14500 Cimarron Avenue West, Rosennount Dear Mr. Olson: Per our conversations,Park Place Townhomes formally requests a Vacation of a portion of the 10 foot drainage and utility Easement on Paxk Place proper. Enclosed with this request is a)the required Easement Vacation Description which can be found on the attachment entitled"Easernent Vacation Sketch"which contains a description and figure of the easernent;b)An As-built grading plan of the easement and c)the Easement Vacation Fee of$775.00. It is my understanding this will be on the June 19th City Council meeting agenda. Should you need additional information,please contact me at 952.905.2448. Sincerely, Baisclair Corporation on behalf of Park Place Development Limited Partnership � ��f j��'%'` ri A. Boisclair Managing Member Enclosures 3033 Excelsior Blvd,Ste 215,Miuneapolis,MN 55416 952.922.38$1 EASEMENT VACATTON SKETCH FOR: BaISCLAIR CORPORATION � ,32.,4 � ' o �o � N� G A R A G E N EA SEMEN T VA CA T10N ,��. N 'N AREA °°� ---- N 89'12'11" W_ P.o.s. cn o ,33.60� -- -- N 89'12'1�" W `�.;�� ' 3 2. 4 ''�� ,, ----- 2r.4o �- _.. -~ �,. � � . � � -- __,._ 33:60 ______-- � ��:;N 89'47'49" E ,� g. 7 ` S 89'12'11" E Q.50 f � °z a ( � ¢o � ' �� 0 o� w�- �� EASEMENT VACA770N DESCRIP7fON �� z w O W cn Tf�at part of the dralnage and ut111ty easement as dedicated in �� Lot 1, 8lock 1; Cimarron Vi(►age Townhouses, Dpkota Co�nty, �� cs�r� Mrnnesota described as foflows: p� d' �' �� ^O CommencPng at the most southerfy corner of said Lot 1, �y� 0� thence on an assumed bearing of North 0 degrees 47 minutes a p 49 seconds East along the easterfy lfne of sard Lot t and tts �� Z � northerly exrtension a distance of 950.43 feet; thence North E 89 clegrees 12 rriinutes 11 seconds West a distance of 21.40 \ feef #o the polnt of bsginning of the parcel to be descrJbed; � thence contlnue North 89 degrees 12 minutes f 1 seconds West a distance of 33.60 feet; thence South 89 degrees 47 minutes 49 seconds West a distance of 0.50 feef; thence Soufh 89 degrees 12 minutes 11 seconds East a drstance o{ 33.60 feet; thence North 89 degrees 47 minutes 49 seconds � East a distance of 0.50 feef to the point of beginning. Approximate area = 17 Sq. ft. 0 5 70 ? inch = 10 ft. (SCALE 1N FEET) DRAWN 6Y QA'1E 621 Lilac brive Nortfi DTO 5-30-20}2 Minneapolie,MN 55422-0609 (763)545-919G DAKOTA, MN Fax(763)541-005G CHECKED BY PROJECT N0. www.clnrk-eng,com MJN C12502.Of ENC�N8�Ii1N� COk$POR113'ION m 2012 Clark Engfieertng Corporatlon Sheet 7 �F � \ \ � � . � �,,�-• \ I � \ . , < .�:�`�� "� � �„r\ .,,\� � ` � • � � � \ � � � � �� , \ `., �,� 0� �� `� \ o `� `�.\ \ � X o � 3N1`I J�1�13d02�d � � `�' � r � � \�, m X cu , �, � , r� �..__...:�...._....�, s._.,..\ N a _.... � � � 0� p ��/ 1--^ � o � ,/� � Qti i� x x X i� p� � � � ° o � � � � � � a.ZZ` X � X m � co o� � X X x � (Xl o If� N � � � T � � � � � � �� \ � � � o x Q C�j, Q ��' Q� 00 .-� �D � �` � �� ?C X� X X � X , � m ° �i m � � m o u� ►.il X t0 N �p U � � � � �Q.�Z X � X� � � X Y Z p � � � �p (`") co N O, o X � Q �0 �D 2 � 0� W U X Z � � � � � � �x �0 � � � p � �. Q� � m ti`�� X N � X � `S .� a . U �O p� 0� 0p X X �0 0� � X x � � �.,. . . .,_ ._. . m � ;