HomeMy WebLinkAbout7.b. Vacation of the Chinchilla Avenue Right-of-Way South of the Cul-de-sac RosEmouNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: October 1, 2013
AGENDA ITEM: Vacation of the Chinchilla Avenue Right- AGENDA SECTION:
of-Way South of the Cul-de-sac [0I1C f4 ail�j
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. �.h, "
ATTACHMENTS: Resolution; Location Map; Jordan-
Tapper Vacation Request; Declaration of APPROVED BY
Driveway and Utility Easement;
Resolution 2007-06. oat
RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Vacation of the
Right-of-Way for Chinchilla Avenue South of the Cul-de-sac Lying South of 127th Street
Court.
ISSUE
In 1978, the City of Rosemount approved the Rosemount Hills 2nd Addition for Edward Dunn which
created the subdivision located south of McAndrews Road and west of Dodd Boulevard. The lots within
the subdivision are served by either by Chinchilla Avenue or 127th Street Court. The south end of the
constructed Chinchilla Avenue ends in a cul-de-sac,but the right-of-way for Chinchilla Avenue extends to
the southern end of the subdivision. South of the subdivision are three undeveloped lots: two developable
lots;owners are James Jordan and John Tapper. The third parcel is undevelopable 60 foot wide lot owned
by Edward Dunn. The Dunn parcel is undevelopable because the property does not meet ordinance
dimensional requirements and cannot meet ordinance setback requirements. It appears that the Dunn
parcel may have been created to continue Chinchilla Avenue,but these three lots were not part of the
Rosemount Hills 2nd Addition or any other plat.
The Chinchilla Ave right-of-way south of the cul-de-sac has a steep grade and is wooded. In 2006, Mr.
Tapper submitted a preliminary plat to split his parcel.At that time staff expressed concern that the
construction of Chinchilla Avenue at 32 feet in width and 6%grade would cause significant grading and
tree removal to serve three homes: two lots for Mr.Tapper and one for Mr.Jordan. In January of 2007,
the City approved a two lot preliminary plat for Mr. Tapper and adopted a resolution vacating the
Chinchilla Avenue right-of-way south of the cul-de-sac so that a joint driveway at 22 feet in width and a
10%grade could be constructed to serve the three lots. In 2008, Mr. Tapper requested and received a one
year extension on the preliminary plat which has since expired.The division was never recorded and
therefore the right of way was not vacated.
Currently, Mr.Jordan's property is for sale and Mr. Tapper is considering the sale of his single parcel. To
provide access to their properties,Mr.Jordan and Mr. Tapper are requesting the same vacation of the
Chinchilla right-of-way as was requested and approved with the Tapper preliminary plat. Similar to the
2007 vacation, staff has provided a condition of approval that a joint access easement be acquired from the
neighboring properties, Simonett to the northwest and Miller to the northeast, to ensure legal access to the
properties.
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part of the vacation process, adjoining property owners have been notified and had some discussions
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with staff. This is an issue which requires action by all neighbors in order for staff support of the request.
The two properties to the north of the Jordan and Tapper property must agree to an easement in order to
permit the vacation.The property owners are aware of the request. Should there be any concerns by either
party about granting of the access easement, the item should be tabled until agreement can be reached.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the vacation of Chinchilla Avenue
right-of-way located south of the cul-de-sac.
2
Chincilla Avenue Vacation
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal,survey, or for zoning 1 inch = 400 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/24/2013
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Street Address j 12536 CHINCHILLA AVE Zip Code 55068
Unit Municipality ROSEMOUNT
Street CHINCHILLA Comments
Postal City ROSEMOUNT
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 382 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 09/26/2013
August 12, 2013
City of Rosemount
Attn: Eric Zweber,City Planner
2875 145th Street West
Rosemount, MN 55068
Re: Jordan-Tapper Application for Vacation of the Chinchilla Avenue Right-of-Way
Dear Mr. Zweber,
This letter is being submitted for the purpose of applying for the vacation of the right-of-way of
Chinchilla Avenue south of the cul-de-sac lying south of 127th Court West legally described as
That part of Chinchilla Avenue lying between Lot 5, Block 1 and Lot 1, Block 2 of ROSEMOUNT
HILLS SECOND ADDITION,according to the recorded plat thereof, Dakota County,Minnesota,
which lies south of the south line of that 60.00 foot radius circle the center of which is the
center of the cul-de-sac lying between said Lot 5, Block 1 and said Lot 1, Block 2.
As condition of the right-of-way being vacated,we agree to execute and record an access and
utility easement over the former right-of-way that will provide driveway access and utility use
and access to both the Jordan property(PID 34-01710-60-019 and PID 34-64601-01-052)and
the Tapper property(PID 34-01710-60-017 and PID 34-01710-60-020).
Note: Ownership of the parcel directly south of the right-of-way(PI D 34-01710-60-020) is
expected to transfer from Edmund Dunn to John and Diane Tapper prior to the recording
of the access and utility easement,
Our application fee of$775.00 is enclosed, along with a copy of our driveway and utility
easement agreement. Execution of this document will proceed once it has been reviewed and
approved by the Rosemount City Attorney as part of this application process.
Should you have any questions regarding this matter, please feel free to contact either of-us.
Sincerely,
James and Marie Jordan John and Diane Tapper
795 Camberwell Drive 15646 Egret Place
Eagan, MN 55123 Apple Valley, MN
(651) 341-8899 (612)961-3075
t� le? 11'
4./(acitA_.
DECLARATION OF DRIVEWAY AND UTILITY EASEMENT
THIS DECLARATION ("Declaration") is made effective for all purposes as of the day of
, 2013, by James S. Jordan and Marie B. Jordan, husband and wife ("Jordan"), John O. Tapper
and Diane M. Tapper, husband and wife ("Tapper"), Stephen Angus Miller and Andrea Lynn Miller, husband
and wife ("Miller") and Martha M. Simonett, a single person("Simonett") (Jordan, Tapper, Miller and Simonett
herein collectively referred to as "Declarants").
RECITALS
A. Jordan is the fee owner of that certain real property located in Dakota County, Minnesota legally
described as follows:
That part of the Southwest Quarter of Section 17, Township 115, Range 19, Dakota County,
Minnesota, described as follows: Beginning at the southwest corner of Lot 5, Block 1,
ROSEMOUNT HILLS SECOND ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota; thence South 02 degrees 56 minutes 39 seconds East (assumed bearing)
along the west line of said Southwest Quarter a distance of 720.26 feet; thence North 87 degrees
03 minutes 21 seconds East a distance of 362.78 feet thence South 87 degrees 03 minutes 21
seconds West a distance of 362.78 feet southeast corner of said Lot 5; thence South 87 degrees
03 minutes 21 seconds West a distance of 362.78 feet to the point of beginning.
Together with an easement for roadway purposes over a strip of land 30 feet in width described
as follows: Beginning at the southeast corner of Lot 5, Block 1, ROSEMOUNT HILLS
SECOND ADDITION, thence North 87 degrees 03 minutes 21 seconds East a distance of 30
feet; thence South 02 degrees 56 minutes 39 seconds East a distance of 720.26 feet; thence South
87 degrees 03 minutes 21 seconds West a distance of 30.00 feet thence South 87 degrees 03
minutes 21 seconds West a distance of 362.78 feet to the point of beginning.
Together with that part of Lot 5, Block 1, ROSEMOUNT HILLS SECOND ADDITION,
according to the recorded plat thereof, Dakota County, Minnesota which is described as follows:
Beginning at the southeast corner of said lot 5, Block 1; thence South 87 degrees 03 minutes 21
seconds West, assumed bearing, along the south line thereof, 60.00 feet; thence North 45 degrees
30 minutes 23 seconds East 89.81 feet to a point on the east line of said Lot 5 distant 60.00 feet
northerly of said southeast corner; thence South 03 degrees 57 minutes 26 seconds West 60.00
feet to the point of beginning.
("Jordan Property"); and
Page 1of9
B. Tapper is the fee owner of that certain real property located in Dakota County, Minnesota legally
described as follows:
That part of the Southwest Quarter of Section 17, Township 115, Range 19, Dakota County,
Minnesota, described as follows: Beginning at the southeast corner of Lot 5, Block 1,
ROSEMOUNT HILLS SECOND ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota; thence North 87 degrees 03 minutes 21 seconds East, along the South line of
said ROSEMOUNT HILLS SECOND ADDITION, a distance of 604.78 feet to the Southeast
corner of Lot 2, Block 2, ROSEMOUNT HILLS SECOND ADDITION; thence South 02
degrees 56 minutes 39 seconds East a distance of 720.26 feet; thence South 87 degrees 03
minutes 21 seconds West a distance of 604.78 feet; thence North 02 degrees 56 minutes 39
seconds West a distance of 720.26 feet to the point of beginning.
And
That part of the Southwest Quarter of Section 17, Township 115, Range 19, Dakota County,
Minnesota, described as follows: Beginning at the southeast corner of Lot 5, Block 1,
ROSEMOUNT HILLS SECOND ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota; thence North 87 degrees 03 minutes 21 seconds East, along the South line of
said ROSEMOUNT HILLS SECOND ADDITION, a distance of 60.44 feet to the Southwest
corner of Lot 1, Block 2, ROSEMOUNT HILLS SECOND ADDITION; thence South 02
degrees 56 minutes 39 seconds East a distance of 720.26 feet; thence South 87 degrees 03
minutes 21 seconds West a distance of 60.44 feet; thence North 02 degrees 56 minutes 39
seconds West a distance of 720.26 feet to the point of beginning.
("Tapper Property"); and
C. Miller is the fee owner of that certain real property located in Dakota County, Minnesota legally
described as follows:
Lot 1, Block 2, Rosemount Hills Second Addition.
("Miller Property"); and
D. Simonett is the fee owner of that certain real property located in Dakota County, Minnesota,
legally described as follows:
Lot Five (5) Block One (1), Rosemount Hills Second Addition, except that part of Lot 5, Block
1, Rosemount Hills Second Addition, described as follows: Beginning at the Southeast corner of
said Lot 5, Block 1, thence South 87 degrees 03 minutes 21 seconds West, assumed bearing,
along the South line thereof, 60 feet, thence North 45 degrees 30 minutes 23 seconds East 89.81
feet to a point on the east line of said Lot 5 distant 60 feet northerly of said southeast corner;
thence South 03 degrees 57 minutes 26 seconds West 60 feet to the point of beginning.
E. The City of Rosemount, a Minnesota municipal corporation ("City") is the owner and holder of
that certain right-of-way donated and dedicated to the public with the recording of the plat of ROSEMOUNT
HILLS SECOND ADDITION, Dakota County, Minnesota legally described as follows:
Page 2 of 9
That part of Chinchilla Avenue lying between Lot 5, Block 1 and Lot 1, Block 2 of
ROSEMOUNT HILLS SECOND ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota which lies south of the south line of that 60.00 foot radius circle the center of
which is the center of the cul-de-sac lying between said Lot 5, Block 1 and said Lot 1, Block 2.
(herein the "Easement Property"); and
F. The Easement Property, so long as the same has been dedicated to City has never been improved
with any curb, gutter, or other street improvements, and Declarants anticipate that with the recording of this
Declaration, the City will likely take steps to abandon its dedicated right-of-way over and upon the Easement
Property, and will acquiesce in the future use of the Easement Property as a private driveway and utility
easement for the benefit of the Tapper Property and the Jordan Property even prior to the abandonment of such
right-of-way and its anticipated reversion to the real property owned by adjoining owners, including the Miller
Property and the Simonett Property, and a portion of the Jordan Property.
G. Declarants, and each of them desire and intend by this Declaration to establish a perpetual
appurtenant driveway and utility easement over and upon the Easement Property for the sole and exclusive use
and benefit of the Owners of the Jordan Property and the Tapper Property, and their respective heirs, executors
successors, and assigns, all as more fully set forth herein, and to provide for the continuing future maintenance
of the Easement Property for driveway and utility use purposes by the current, and all future, Owners of the
Jordan Property and the Tapper Property; and
H. Upon the recording of this instrument, it is the intention of all parties hereto that the City shall be
asked and petitioned to immediately commence and diligently pursue to completion the vacation of all public
rights now held by City and the public in and to the Easement Property as the same were dedicated and donated
with and pursuant to the recording of the plat of ROSEMOUNT HILLS SECOND ADDITION, such vacation
to be made subject to the continuing and perpetual rights and interests created and described in this Declaration.
WITNESSETH
NOW, THEREFORE, in consideration of the foregoing, Declarants, owners of the above-described
properties makes this Declaration, and declares that there shall exist a nonexclusive and appurtenant private
driveway and utility easement ("Easement") over, under, and across the all of the Easement Property for the use
and benefit of the Jordan Property and the Tapper Property, and each of them, on the terms and conditions as set
forth herein below.
1. Purpose. The Easement granted herein is for the following purposes:
(a) To provide permanent, non-exclusive, private driveway access and egress to the Tapper
Property and the Jordan Property, respectively,to their respective current Owners, and to
the Owner's respective heirs, successors, executors, assigns and invitees.
(b) To provide private underground and above-ground utility use and access from public
utility easements elsewhere within the plat of ROSEMOUNT HILLS SECOND
ADDITION to the Tapper Property and the Jordan Property, to their respective current
Owners, and to the Owner's respective heirs, successors, executors, and assigns.
Page 3 of 9
It is herein intended that the Owner(s) of the Tapper Property, the Jordan Property, and their heirs, successors,
executors, and assigns, and the Tapper Property and the Jordan Property, per se, shall all enjoy the right of use
over the whole of the Easement Property for the purposes set forth herein.
2. Construction,Maintenance, and Repair. Within and upon the Easement Property, the Owners
of the Tapper Property and the Jordan Property (hereafter, the "Holders") shall construct a bituminous-surfaced
driveway, generally, from the Chinchilla Avenue cul-de-sac to the northwesterly and northeasterly portions of
their lands, respectively, in conformity with applicable City codes and construction standards, which said
standards shall include, but not be limited to, a requirement that the driveway shall not have a grade anywhere
along its course which exceeds a 10% slope and a requirement that the width of the bituminous surface of the
driveway at its northerly terminus at the Chinchilla Avenue cul-de-sac shall not exceed twenty-two feet (22').
The initial construction of the bituminous driveway shall be jointly planned by the Holders, who shall divide the
costs of construction one-half(1/2) to the Jordans and the Jordan Property, and one-half(1/2) to the Tappers
and the Tapper Property. The driveway may divide into a "Y" shaped configuration at its southerly extent to
the extent reasonably necessary to facilitate any desired convenient maneuvering of motor vehicles onto and
away from the Holder's individual parcels. From and after the date of this Declaration, the Holders, collectively
or individually, may construct/install utility services at their own expense for their respective property over,
under, and upon the Easement Area for the purposes of providing utility services to their respective Properties,
provided that the construction/installation of such utility services shall not cause damage to, or otherwise
impair, any utility services previously installed and providing services to any other Holder's Property. All
subsequent maintenance and repair of any such utility lines providing services to a Holder's individual Property
shall be thereafter be exclusively incurred and paid for by the Owner(s) of the Property for whom such services
are provided. From and after the date of this Declaration, the Holders shall jointly and severally be responsible
for the continuing maintenance and repair of the bituminous driveway situated within the Easement Property,
with the Owner(s) of the Jordan Property continuing to bear a one-half share of the costs of such maintenance
and/or repair, and the Owner(s) of the Tapper Property continuing to bear a one-half share of the costs of such
maintenance and/or repair. Maintenance, for the purposes of this Declaration, shall include repairs and
replacements to the existing bituminous driveway surface and the plowing and/or removal of snow. The
Holders shall select one of their number as the Manager, whose responsibility shall be to make sure that the
bituminous driveway situated upon the Easement Property is maintained in accordance with the requirements of
this Declaration. Amounts reasonably expended by the Manager to maintain the bituminous driveway surface
shall be promptly reimbursed in accordance with the pro-rations set forth above. Any amount reasonably spent
on maintenance by any Holder at the request of or with the approval of the Manager shall also be reimbursed in
the same manner. At any time, and from time to time, the Holders may elect to select the other Holder as a
replacement manager, provided, however, that neither Holder may perform the duties hereunder as Manager for
a period of more than four (4) consecutive years if the other Holder desires to subsume the duties as Manager.
With the exception of the foregoing, the existing Manager shall be replaced only by the unanimous agreement
of both Holders. In the event either the Tapper Property or the Jordan Property are subdivided for purposes of
accommodating more than one residential homestead, upon and after the recording of any such subdivision, the
construction and maintenance costs referenced in this paragraph shall thereafter be equally divided among the
total number of residential homesteads located on both the Jordan Parcel and the Tapper Parcel.
3. Indemnification. Each Declarant shall indemnify, hold harmless, and defend the others, and
their respective heirs, successors and assigns, from any injury or damage suffered or sustained by any person or
entity arising out of, or any way resulting from, the negligence or intentionally malicious act or omission of the
indemnifying party relating to the use, maintenance, or repair of the bituminous driveway or any utility
installation located within the Easement Property.
Page 4 of 9
4. Damage. Any Declarant, and their respective heirs, successors and assigns, will be solely
responsible for any damage (s)he causes in any by, or which arises out of, its use of the Easement Property
either for the easement purposes herein set forth, in the case of the Holders, or for any other purpose, as to all
Declarants.
5. No Other Improvements Permitted. No other equipment, structures, improvements, or
amenities of any kind or nature shall be constructed or maintained within any portion of Easement Property.
6. No Parking. The Easement Property is not intended, and shall not be used, for any extended
parking purposes. Any items, including but not limited to vehicles, trailers, or equipment, if parked or placed
within the Easement Property are conclusively deemed to be contrary to the purpose of the Easement and rights
granted and/or reserved herein, and shall be removed immediately upon request from any other Declarant.
7. Enforcement. Any controversy or dispute involving the meaning of the language, or of any
term or condition of this Declaration, shall be settled by arbitration in accordance with the arbitration rules of
the American Arbitration Association in effect at the time of the request for arbitration, by a single arbitrator.
Any such arbitration shall, further, be subject to and enforceable in accordance with the Minnesota Uniform
Arbitration Act, Minn. Stat. §572.08 — .30, and any Acts amendatory thereto. Nothing set forth herein shall be
deemed to prevent any Owner from seeking from any Court of competent jurisdiction provisional equitable
remedies prior to, during, or after any such arbitration proceedings.
8. Running of Benefits and Burdens. The Tapper Property, Jordan Property, Miller Property, and
the Simonett Property, and each of them and/or any portion thereof, shall all be transferred, held, sold,
conveyed, and occupied subject to, and together with,the Easement declared and granted herein. All provisions
of this Declaration, including the benefits and burdens, shall run with the land, and are binding upon and shall
inure to the benefit of the heirs,personal representatives, and assigns of the Declarants.
9. Term. The Easement set forth herein is intended to be perpetual.
10. Title. Declarants warrants that no other person has an interest in their respective real properties
other than Declarant, and that each Declarant has good right, title and interest in and to their respective real
properties which are described herein and are the subject of this instrument and the rights and responsibilities
granted herein.
IN WITNESS WHEREOF, Declarants have executed this instrument as of the date and year first
above written.
DECLARANTS:
Page 5 of 9
Marie B. Jordan
James S. Jordan
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2013,
by James S. Jordan and Marie B. Jordan, husband and wife.
Notary Public
Page 6 of 9
Diane M. Tapper
John O. Tapper
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2013,
by John O. Tapper and Diane M. Tapper, husband and wife.
Notary Public
Page 7 of 9
Andrea Lynn Miller
Stephen Angus Miller
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2013,
by Stephen Angus Miller and Andrea Lynn Miller, husband and wife.
Notary Public
•
Page 8 of 9
Martha M. Simonett
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2013,
by Martha M. Simonett, a single person.
Notary Public
Page 9 of 9
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2007- 0 6
A RESOLUTION APPROVING THE VACATION OF THE RIGHT-OF-WAY FOR CHINCHILA
AVENUE SOUTH OF THE CUL-DE-SAC LYING SOUTH OF 127TH COURT WEST
WHEREAS,the Community Development Department of the City of Rosemount received an
application from John Tapper requesting Preliminary Plat of an eleven acre parcel into two parcels,
legally described as:
That part of the Southwest Quarter of Section 17,Township 115,Range 19,Dakota County,
Minnesota described as follows: Beginning at the southwest corner of Lot 1,Block 2,
ROSEMOUNT HILLS SECOND ADDITION,according to the recorded plat thereof,
Dakota County,Minnesota;thence North 87 degrees 03 minutes 21 seconds East along the
south line of said ROSEMOUNT HILLS SECOND ADITION a distance of 604.78 feet to
the southeast corner of Lot 2,Block 2, said ROSEMOUNT HILLS SECOND
ADDITION;thence South 2 degrees 56 minutes 39 seconds East a distance of 720.26 feet;
thence South 87 degrees 03 minutes 21 seconds West a distance of 604.78 feet; thence
North 2 degrees 56 minutes 39 seconds West a distance of 720.26 feet to the point of
beginning. (Title Commitment No. 114-497979)
AND
That part of the Southwest Quarter of Section 17,Township 115,Range 19,Dakota County,
Minnesota described as follows: Commencing at the southwest corner of Lot 1,Block 2,
ROSEMOUNT HILLS SECOND ADDITION,according to the recorded plat thereof,
said Dakota County;thence easterly, on an assumed bearing of North 87 degrees 03 minutes
21 seconds East,along the south line of said ROSEMOUNT HILLS SECOND
ADDITION,a distance of 604.78 feet to the southeast corner of Lot 2,said Block 2;thence
South 2 degrees 56 minutes 39 seconds East a distance of 720.26 feet;thence South 87
degrees 03 minutes 21 seconds West a distance of 604.78 feet to the point of beginning of
g P
the land to be described;thence northerly to the southwest corner of said Lot 1;thence
westerly to the southeast corner of Lot 5,Block 1,said ROSEMOUNT HILLS SECOND
ADDITION;thence southerly to the hereinafter described"Point A";thence easterly to the
point of beginning.
WHEREAS,on December 26,2006, the Planning Commission of the City of Rosemount reviewed
the Preliminary Plat and Variance request for the creating of lots without public street frontage;and
WHEREAS, on December 26,2006, the Planning Commission of the City of Rosemount
conducted a public hearing for review of the Preliminary Plat and Variance application as required
by Ordinance B,the Subdivision Regulations;and
WHEREAS, the Planning Commission found that the Variance request serves the public interest
by constructing a private drive that serves a maximum of three lots to preserve areas that are
environmentally sensitive due to topography,forestation and wetland provided that the private drive
meets fire code minimum standards;and
RESOLUTION 2007- 0 6
WHEREAS, the Planning Commission, serving as the Board of Appeals and Adjustments,
approved the Variance requested subject to conditions,including that the City Council approve the
Vacation of the Right-of-Way of Chinchilla Avenue south of the cul-de-sac lying south of 127th
Court West;and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Preliminary Plat subject to conditions,including that the City Council approve the
Vacation of the Right-of-Way of Chinchilla Avenue south of the cul-de-sac lying south of 127th
Court West;and
WHEREAS, on January 16, 2007, the City Council approved the Preliminary Plat subject to
conditions; and
NOW, BE IT RESOLVED,
the Council of the City of Rosemount hereby
approves the Vacation of the Right-of-Way of Chinchilla Avenue south of the cul-de-sac lying south
of 127th Court West legally described as
That part of Chinchilla Avenue lying between Lot 5,Block 1 and Lot 1,Block 2 of ROSEMOUNT HILLS
SECOND ADDITION,Dakota County,Minnesota,which lies south of the south line of that 60.00 foot
radius circle the center of circle of which is the center of the cul-de-sac lying between said Lot 5,Block 1
and said Lot 1,Block 2.
Subject to:
1. The recording of a joint access easement across the former right-of-way to the James and Marie Jordan
parcel and the two parcels of Rosemount Hills 5't'addition.
ADOPTED this 16th day of January,2007 by the City Council of the City of ' asemount.
If-
William H. Droste,Mayor
ATTEST:
X11/l kiAu l IA
Amy Domei r, City Clerk
2
RESOLUTION 2007- 06
Motion by: DeBettignies Second by: Baxter
Voted in favor: Baxter, Debettignies, Shoe-Corrigan, Droste, Sterner
Voted against: None
Member absent: None
3