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Union Pacific Railroad Lot Split and Combination (12555 Clayton Ave)L CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Crtv Council Meetina Date December 21. 2004 AGENDA ITEM: Case 04 -74 -LS Union Pacific Railroad Lot Split AGENDA SECTION: and Combination (12555 Clayton Avenue) Consent PREPARED BY: Rick Pearson, City Planner to E rt ATTACHMENTS: Draft Resolution, Location map, Memo from City Attorney, Survey Parcel reductions, U S 52 APPROVED BY. and Railroad crossing detail, Draft 11 -23 -04 PC Minutes RECOMMENDED ACTION: Motion to adopt a resolution approving the series of lot splits requested by the Union Pacific Railroad subject to conditions ACTION: ISSUE The Union Pacific Railroad is expanding the railroad corridor along the southwestern and southern edges of the General Industrial area This application concerns the acquisition of four parcels of land from adjacent properties that will be acquired for expansion of the corridor The larger railroad corridor will facilitate the reactivated rail crossing underneath US 52, and provide expanded storage space for rail cars PLANNING COMMISSION PUBLIC HEARING On November 23, 2004, the Planning Commission conducted a public hearing as required by the ordinance No one from the audience other than the applicant presented comments or concerns Steve Sand representing the Union Pacific railroad questioned the recommendation for a cross access easement for the future 140 Street East alignment Staff explained that it was not an unusual request in the context of subdivision approval, and that the City Attorney was in agreement that is within the purview of the City to request this dedication Additional discussion occurred regarding the MnDOT drawing showing a cross section of the bridge underpass that showed the street, trail and the railroad tracks Staff also indicated that additional permits would be required by the railroad and MnDOT prior to construction to ensure compliance with design and safety standards Afterwards, the Commissioners unanimously moved the recommended action BACKGROUND The at -grade railroad crossing north of the 117 Street intersection in Inver Grove Heights is being removed as part of the intersection upgrade project that is nearing completion A new grade- separated crossing is being constructed along U S 52, approximately' /4 mile north of the 140 Street intersection This crossing is essentially in the same location of an at -grade crossing of the highway that had been removed many years ago The lot splits and combinations are requested to enable the expansion of the existing railroad corridor on both sides of U S 52 Additional space will be provided along the west and south edges of the railroad corridor on both sides of the new U S 52 crossing Previously, the tracks were used for storage of railroad cars, as the lines stopped short of crossing the highway With the new grade- separated crossing, additional tracks are needed for the traffic moving through the corridor as well as the storage function Applicant Property Owner(s) Steve Sand of the Union Pacific Railroad Location Various locations along the railroad corridor between County Road 71 and the Waste Water Treatment Plant Area in Acres 7 343 acres total Parcel summary Parcel for RR expansion Original Parcel Remnant Parcel Parcel 1 0 764 ac 72 227 ac Parcel F 71 462 ac Parcel 2 1 632 ac 185 879 ac Parcel E 184 246 ac Parcel 3W 0 658 ac 14 954 ac Parcel D 14 296 ac Parcel 3E 2 515 ac 44 031 ac Parcel C 41 516 ac Parcel 4 1 216 ac 59 442 ac Parcel B 58 225 ac Parcel 5' 0 558 ac 34 441 ac Parcel A 34 441 ac Parcel 5 will be acquired as an easement instead of a fee -title parcel Note Parcel 3 is bisected by a Section line Parcels 3 and 4 are on either side of the U S 52 highway right -of -way Zoning and Land Use Parcel (s) Comp Plan Zoning F north /z of E General Industrial General Industrial South /z of E Agriculture Agricultural Preserve C, D, B Agriculture General Industrial A Public Institutional Public Institutional Planning Commission action Recommendation of approval, 5 -0 SUMMARY With the exception of Parcel A, all of the land is owned by Flint Hills Resources beyond the immediate refinery, and is essentially vacant or undeveloped land Parcel A is the Rosemount Waste Waster Treatment Plant owned and operated by the sewer division of the Metropolitan Council (MCES) The primary objective of the staff review is to ensure that no non conforming parcels result from the series of lot splits After examination of each lot division, this is the case The only developed parcel is the Waste Water Treatment Plant, and the nearest site improvements are the lagoons, which are not subject to setback criteria Recombination of the parcels with the railroad right -of -way corridor solves another primary concern of creating small, landlocked fragments of land Lastly, the City has an interest in constructing a local street that will cross under U S 52 on 2 L the south side of the tracks, with a bike trail along the south side for the purpose of reconnecting 140 Street on either side of U S 52 MnDOT extended the length of the bridge deck to accommodate this objective It appears that this street may cross over some railroad property before connecting with the MnDOT right -of -way Up -to about 0 6 acre of railroad land would be needed outside of the MnDOT right -of -way This need for access would affect parcels B and C Therefore, the recommendation of approval will include a condition of cross access across the railroad property for future public- street and trail construction and use As mentioned previously the applicant has requested that this condition not be approved as a condition of approval He questioned whether the City had the right and ability to request the easement, and stated that there was no connection between the granting of the easement and the applications before the City As indicated in the email from the City Attorney, the railroad has questioned the "proportionality" of the request Because of the size of the properties involved in the four lot splits, and the relatively small size of the anticipated easement, the City is comfortable that the request is not "disproportionate" to the subdivisions The applicant also expressed concern that the exact road alignment hasn't been decided yet, that the dedication of an easement through this process would result in lost revenues to the railroad, and that the railroad was hesitant to agree to an easement since the exact road and trail plans are not fully designed Staff understands that other permitting is necessary to construct the trail and road, and that cooperative work with the rail and MnDot is necessary to ensure all concerns are addressed However, it is important, and consistent with city policy, to obtain necessary easements through the subdivision process to plan for future development and be good stewards of public funds RECOMMENDATION Staff supports the series of lot splits as long as they are combined with the railroad property, and the City will have the ability to construct the 140 Street and trail extension under the U S 52 highway when funds are available 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FROM UNION PACIFIC RAILROAD WHEREAS, the Community Development Department of the City of Rosemount received an application from Union Pacific Railroad on October 13, 2004 requesting a series Lot Splits for the property located at 12555 Clayton Avenue, legally described as Descriptions: Parcel 1 EXISTING LEGAL DESCRIPTION That part of Section 13, Township 115, Range 19, Dakota County, Minnesota described as follows The North 55 rods of West Half of Southwest Quarter (W 'h of SW 1/4) of Section 13, lying west of the Chicago Great Northern Railway Company right of way AND The South 25 rods of the Northwest Quarter of Southwest Quarter (NW ''A of SW '/4) of Section 13, except the Chicago Great Northern Railway Company right of way AND The Southwest Quarter of the Southwest Quarter of Section 13, Township 115, Range 19, except the Chicago Great Northern Railway Company right of way Parcel 2 EXISTING LEGAL DESCRIPTION The North half (N /z) of Northwest quarter of Northwest quarter (NW Y< of NW '/4) of Section Twentyfour (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (5') Principal Meridian, except the Chicago Great Western Railway Company's right of way AND the South threefourths of Northwest quarter (S'/ of NW %a) except the Chicago Great Western Railway Company's right of way, and the South half of Northeast quarter of Northwest quarter (S 'ri of NE :a of NW %4) of said Section Twenty-four (24), AND the North half of the Southwest quarter (N Yz of SW '/4) of Section Twenty four (24), Township One hundred fifteen (115) Range Nineteen (19) excepting therefrom the right of way of the Chicago Great Western Railway Company and excepting therefrom the following Beginning at the southeast corner of the Northeast quarter (NE %4) of the Southwest quarter (SW 'G) of Section Twentyfour (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifh (5' Principal Meridian, thence northerly along the north and south center line of said Section fwentyfour (24) a distance of two hundred (200) feet, thence westerly parallel to the south line of the Northeast quartei (NE '/4) of the Southwest quarter (SW '/4) of said Section Twenty-four (24) a distance of six hundred (600) feet thence northerly at right angles one Hundred (100) feet, thence westerly at right Angles to a point in the Chicago Great Western Railway Company s northeasterly right of way line thence southeasterl} along said right of way line to a point in the south line of the Northeast quarter (NE S of the southwest quarter (SW '/4) of said Section Twenty-four (24) thence easterly along the south line of the Northeast quarter (NE '/4) of the Southwest quarter (SW 114) of said Section Twenty -four (24) to the point of beginning, containing three and seven tenths (3 7) acres, more or less RESOLUTION 2004 All situated in the County of Dakota and State of Minnesota Parcel 3E EXISTING LEGAL DESCRIPTION Southeast Quarter of Southeast Quarter, except the Northerly 100 feet of said Southeast Quarter of Southeast Quarter and excepting the following beginning at a point in the east line of said Southeast Quarter of Southeast Quarter 100 feet south of the Northeast comer of said Southeast Quarter of Southeast Quarter, thence Westerly 600 feet along a line parallel w ith and 100 feet south of the north line of said Southeast Quarter of Southeast Quarter, thence southeasterly to a point in the east line of said Southeast Quarter of Southeast Quarter, said point being 300 feet south of the point of beginning as measured along said east line, thence northerly along said east line to the point of beginning, and except the west 208 '72 feet of the east 635 57 feet of the south 208 72 of said Southeast Quarter of the Southeast Quarter, and further except the west 216 83 feet of the south 436 feet of said Southeast Quarter of Southeast Quarter ALSO The East Half of the Southwest Quarter of Southeast Quarter, except the east 83 17 feet of the south 436 feet of said East Half of the Southwest Quarter of Southeast Quarter, all in Section 24, Township 115, Range 19, Dakota County Minnesota Subject to MnDot Plat 19 -144 and Dakota County ROW Map No 10 Parcel 3W EXISTING LEGAL DESCRIPTION West Half of Southwest Quarter of Southeast Quarter, Section 24, Township 115, Range 19, Dakota County, Minnesota, lying Northeasterly of the Noitheasterl} i tghtof- -way of the Chicago Northwestern Railroad, except the Northerly 100 feet and excepting the following beginning at a point in the west line of said Southwest Quarter of Southeast Quarter 100 feet south of the Northwest corner of said Southwest Quarter of Southeast Quarter, thence Easterly 340 feet along a line parallel with and 100 feet south of the north line of said Southwest Quarter of Southeast Quarter, thence southwesterly to a point to the west line of said Southwest Quarter of Southeast Quarter, said point being 210 feet south of the point of beginning, thence northerly, along said west line, to the point of beginning Subject to Dakota County ROW Map No 10 Parcel 4 EXISTING LEGAL DESCRIPTION The south half of the southwest quarter (S '/z of SW of section 19, township 115 north, range 18 west, Dakota County, Minnesota, except the north 125 feet thereof, and except the following Commencing at the northwest corner of the southwest quarter of the southwest quarter (SW SW of said section 19, thence souther ly along the west Ime of the southwest quartet of the souhwest quarter, 125 feet to the point of beginning thence easterly parallel and 125 feet southerly of the north line of the southwest quarter of the southwest quarter, 550 feet thence southwesterly to a point on the west line of the southwest quarter of be southwest quarter of said section 19 said point being 400 feet southerly of the northwest corner of said southwest quarter of the southwest quarter, thence northerly along said west line 275 feet to the point of beginning Subject to MnDot Plat 19 -144 and Dakota County ROW Map No 78 RESOLUTION 2004 Land to be split: Parcel 1 PROPOSED LEGAL DESCRIPTIONS PARCEL F (REMAINING PARCEL) That part of Section 13, Township 115, Range 19, Dakota County, Minnesota described as follows The North 55 rods of West Half of Southwest Quarter (W 'h of SW of Section 13, lying west of the Chicago Great Northern Railway Company AND The South 25 rods of the Northwest Quarter of Southwest Quarter (NW' of SW of Section 13, except the Chicago Great Northern Railway Compay right of way The Southwest Quarter of the Southwest Quarter of Section 13, Township 115, Range 19, except the Chicago Great Northern Raihiay Company right of way EXCEPT the following Southeast Quarter of the Southeast Quarter, except the Northerly 100 feet and the following, beginning at a point 100 feet south of the Northeast corner of said Southeast Quarter of a the Southeast Quarter, thence Westerly 600 feet along a line parallel with and 100 feet south of the north line of said Southeast Quater of the Southeast Quarter, said point being 300 feet south of the point of beginning thence northerly to the point of beginning and except the west 208 72 feet of the east 635 57 feet of the south 208 72 of said Southeast Quarter of the Southeast Quarter and further except the west 216 83 feet of the south 436 feet of said Southeast Quarter of the Southeast Quarter, ALSO the East Half of the Southwest Quarter of the Southeast Quarter, except the east 83 17 feet of the south 436 feet of said East Halfof the Southwest Quarter of the Southeast Quarter, all in Section 24, Township 115, Range 19, Dakota County Minnesota Parcel 1, (Railroad Acquisition Parcel) That part of the Southwest Quarter of Section 13, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the southwest corner of Section 13 thence south 89 degrees 59 minutes 48 seconds East, an assumed hearing along the south line of said Southwest Quarter of Section 13 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company, thence North I degrees 05 minutes 01 seconds East 84 85 feet along said westerly right of way to the point of beginning, thence continuing North I degrees 05 minutes 01 seconds East along said w esterly right of way 1 664 75 feet, thence North 88 degrees 54 minutes 59 seconds West 20 00 teet, thence South 1 degrees 05 minutes 01 seconds West parallel to said westerly right of way 1664 75 feet, thence South 88 degrees 55 minutes 25 seconds East 20 00 feet to point of beginning and there terminating Parcel 2 PROPOSED LEGAL DESCRIPTIONS PARCEL E (REMAINING PARCEL) The North half (N' /2) of the Northwest quarter of Northwest quarter (NW Yo of NW of Section Twenty RESOLUTION 2004 four (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (1') Principal Meridian except the Chicago Great Western Railway Company°s right of way AND the South three fourths of Northwest quarter (S of NW Y except the Chicago Great Western Railway Company s right of way, and the South half of Northeast quarter of Northwest quarter (S 1 /2 of NE' /o of NW Ye) of said Section Twenty -four (24), AND the North half of the Southwest quarter (N of SW /a) of Section Twenty four (24) Township One hundred fifteen (115), Range 19 excepting therefrom the right of way of the Chicago, Great Western Railway Company and excepting therefrom the followirg Beginning at the southeast comer of the Northeast quarter (NE of the Southwest Quarter (SW of Section Twenty four (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (5") Principal Meridian, thence northerly along the north and south center line of said Section Twenty-four (24) a distance of two hundred (200) feet, thence westerly parallel to the south line of the Northeast quarter (NE of the Southwest quarter (SW of said Section 1 wenty -four (24) a distance of six hundred (600) feet, thence northerly at right angles one Hundred (100) feet thence westerly at right Angles to a point in the Chicago Great Western Railway Company's northeasterly right of way line, thence southeasterly along said right of way line to a point in the south line of the Northeast quarter (NE' /n) of the southwest quarter (SW of said Section Twenty-four (24), thence easterly along the south line of the Northeast quarter (NE /a) of the southwest quarter (SW 'A) of said Section Twenty-four (24), thence easterly along the south line of the Northeast quarter (NE '/4) of the Southwest quarter (SW 1 14) of said Section Twenty -four (24) to the point of beginning, containing three and seven tenths (3 7) acres, more or less EXCEPT the following Commencing at the northwest comer of Section 24, thence South 89 degrees 59 minutes 48 seconds East, an assumed bearing along the north line of said Section 24 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company, thence South 1 degrees 05 minutes 01 seconds West along said westerly right of way 453 57 feet to the point of beginning, thence continuing South 1 degrees 05 minutes 01 seconds West along said westerly right of way 1730 83 feet thence continuing southeasterly along said westerly right of way on a tangential curve concave to the east having a radius of 1959 86 feet and a central angle of 35 degrees 15 minutes 00 seconds a distance of 1205 76 feet thence continuing along said westerly right ofway South 34 degrees 15 minutes 00 seconds a distance of 1205 76 feet, thence continung along said westerly right of way South 34 degrees 09 minutes 59 seconds East 362 93 feet, thence South 56 degrees 00 minutes 47 seconds West 20 00 feet, thence North 34 degrees 09 minutes 59 seconds West parallel to said westerly right of way 362 87 feet, thence northwesterly on a tangential curve concave to the east, parallel to said westerly right of way, radius 1989 86 feet, central angle 4 degrees 20 minutes 58 seconds, length of 151 06 feet and chord bearing North I degrees 05 minutes 28 seconds West, thence North 1 degrees 04 minutes 01 seconds East parallel to said westerly right of way 348 99 feet, thence South 88 degrees 54 minutes 59 seconds East 10 00 feet, fience continuing parallel to said westerly right of way North 1 degrees 05 minutes 01 seconds East 1381 84 feet, thence South 89 degrees 54 minutes 59 seconds East 10 00 feet, thence continuing parallel to said westerly right of way North 1 degrees 04 minute 01 seconds East 1381 84 feet, thence South 89 degrees 54 minutes 59 seconds East 20 00 feet to the point of beginning and there terminating All situated in the County of Dakota and State of Minnesota PARCEL 2 (RAILROAD ACQUISITION PARCEL) That part of West Half of Section 24, Township 115, Range 19, Dakota County, Minnesota described as follows Commencing at the northwest corner of Section 24, thence South 89 degrees 59 minutes 48 seconds East, an assumed bearing along the north line of said Section 24 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company, thence South I degrees 05 minutes 01 seconds West along said westerly right of way 453 57 feet to the point of beginning, thence continuing South 1 degrees 05 minutes 01 seconds West along said westerly right of way 1730 83 feet, thence continuing southeasterly along said westerly right of way on a tangential curve concave to the east having a RESOLUTION 2004 radius of 1959 86 feet and a central angel of 35 degrees 15 minutes 00 seconds a distance of 1205 76 feet, thence continuing along said westerly right of way South 34 degrees 09 minutes 59 seconds East 362 93 feet, thence South 56 degrees 00 minutes 47 seconds West 20 00 feet, thence north 34 degrees 09 minutes 59 seconds West parallel to said westerly right of way 362 87 feet, thence northwesterly on a nontangential curve concave to the east, parallel to said westerly right of way, radius 1989 86 feet, central angle 4 degrees 20 minutes 58 seconds, length of 151 06 feet and chord bearing North 1 degrees 05 minutes 01 seconds East parallel to said w esterly right of way 348 99 feet thence South 88 degrees 54 minutes 59 seconds East 10 00 feet, thence continuing parallel to said westerly right of way North 1 degrees 05 minutes 01 seconds East 1381 84 feet, thence South 89 degrees 54 minutes 59 seconds East 20 00 feet to the point of beginning and there terminating Parcel 3E PROPOSED LEGAL DESCRIPTIONS PARCEL C (REMAINING PARCEL) Southeast Quarter of Southeast Quarter, except the Northerly 100 feet of said Southeast Quarter of Southeast Quarter and excepting the following beginning at a point in the east line of the Southeast Quarter of Southeast Quarter 100 feet south of the Northeast comer of said Southeast Quarter of Southeast Quarter, thence Westerly 600 feet along a line parallel with and 100 feet south of the north line of said Southeast Quarter of Southeast Quarter thence southeasterly to a point in the cast line of said Southeast Quarter of Southeast Quarter, said point being 300 feet south of the point of beginning as measured along said east line, thence northerly along said east line to the point of begmmng, and except the west 208 72 feet of the east 635 57 feet of the south 208 72 of said Southeast Quarter of Southeast Quarter, and further except the west 216 83 feet of the south 436 feet of said Southeast Quarter of Southeast Quarter ALSO The East Half of Southwest Quarter of the Southeast Quarter, except the east 83 17 feet of thesouth 436 feet of said East Half of the Southwest Quarter of Southeast Quarter, all in Section 24, Township 115, Range 19, Dakota County Minnesota Except the following Commencing at the southeast corner of Section 24, t hence North 0 degrees 10 mmutes45 seconds East, an assumed bearing along the east line of said Section 24 a distance of 918 004 feet to the southerly right of way of the Union Pacific Ratltoad Company thence North 63 degrees 33 minutes 56 seconds West along said southerly i ight of way 50175 feet to the point of beginning, thence continuing North 63 degrees 33 minutes 56 seconds West along said southerly right of way 167 26 feet to a point on the south line of the north 100 feet of the south half of southeast quarter of Section 24, witch is the southerly right of way of said Railroad Company, thence South 89 degrees 47 minutes 33 seconds East along said south line of north 100 feet a distance of 1386 03 feet to a paint in the west line of east half of southwest quarter of southeast quarter of said Section 24, thence South 0 degrees 07 minutes 58 seconds East along said west line 75 00 feet to a point on the south line of not in 175 feet of south half of southeast quarter of Section 24, thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 1535 98 feet to point of beginning and there terminating Subject to MnDot Plat 19 -144 and Dakota County ROW Map No 10 Parcel 3E (RAILROAD ACQUISITION PARCEL) That part of South Half of Southeast Quarter of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows RESOLUTION 2004 Commenemg at the southeast corner of Section 24, thence North 0 degrees 10 minutes 45 seconds East, an assumed baring along the east line of said Section 24 adistance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company, thence North 63 degrees 33 minutes 56 seconds West along said southerly right of way 501 75 feet to the point of beginning, thence continuing North 63 degrees 33mmutes 56 seconds West along said southerly right of way 167 26 feet to a point on the south line of north 100 feet of the south half of southeast quarter of Section 24, which is the southerl} right of way of said Railroad Company, thence South 89 degrees47 minutes 33 seconds West along said south line of north 100 feet a distance of 1386 03 feet to a point in die east line of east half of southeast quarter of southeast quarter of said Section 24, thence South 0 degrees 07 minutes 58 seconds West along sad west line 75 00 feet to a point on the south line of the north 175 feet of south half of southeast quarter of Section 24 thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 1535 98 feet to point of beginning and there terminating Parcel 3W PROPOSED LEGAL DESCRIPTIONS PARCEL (REMAINING PARCEL) West Half of Southwest Quarter of Southeast Quarter, Section 24, Township 115, Range 19, Dakota County Minnesota, lying Northeasterly of the Northeaserly right -of -way line of the Chicago Northwestern Railroad, except the Northerly 100 feet and excepting the following beginning at a point in the west line of said Southwest Quarter of Southeast Quarter 100 feet south of the Northwest comer of said Snithwest Quarter of Southeast Quarter, thence Easterly 340 feet along a line parallel with and 100 feet south of the north line of said Southwest Quarter of Southeast Quarter, thence southwesterly to a point in the west ling of said Southwest Quarter of Southeast Quarter, said point being 210 feet south of the point of beginning, thence northerly, along said west line, to the point of beginning ALSO except the following Commencing at the southeast comer of Section 24, thence North 0 degrees 10 minutes 4 5 seconds East, an assumed bearing along the east line of said Section 24 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company, thence along said southerly right of way North 63 degrees 33 minutes 56 seconds West 669 01 feet to a point on the south line of north 100 feet of the south half of southeast quarter of Section 24, which is the southerly right of way of said Railroad Company, thence South 89 degrees 47 minutes 33 seconds Vv est along said south line of north 100 feet of south half of southeast quarter of Section 24 a distance of 1386 03 feet to a point in the west line of east half of southwest quarter of southeast quarter of said Section 24 and the point of beginning, thence continumg South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 321 44 feet, thence South 58 degrees 13 minutes 25 seconds West along said southerly right of way 143 26 feet to a point on the south line of the north 175 feet of south half of southeast quarter of Section 24, thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 443 06 feet to said the west line of east half of southwest quarter of southeast quarter, thence North 0 degrees 07 minute, 58 seconds East along said west line 75 00 feet to the point of beginning and there terminating Subject to Dakota County ROW Map No 10 PARCEL 3W (RAILROAD ACQUISITION PARCEL) That part of the South Half of Southeast Quarter of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the southeast corner of Section 24, thence North 0 degrees 10 minutes 45 seconds East, an assumed bearing along the east Ime of said Section 24 a distance of 918 04 feet to tte southerly right of way of the Union Pacific Railroad Company, thence along said southerly right of way North 63 degrees 33 RESOLUTION 2004 minutes 56 seconds West 669 01 feet to a point on the south line of north 100 feet of the south half of southeast quarter of Section 24, which is the southerly right of way of said Railroad Company thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet of the south half of southeast quarter of Section 24 a distance of 1386 03 feet to a point in thewest line of east half of southwest quarter of southeast quarter of said Section 24 and the point of beginning, thence continuing South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 32144 feet, thence South fS degrees 13 minutes 25 seconds West along said southerly right of way 143 26 feet to a point on the south line of the north 175 feet of south half of southeast quarter of Section 24, thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 443 06 feet to said west line of east half of southwest quarter of southeast quarter, thence North 0 degrees 07 minutes 58 seconds East along said west line 75 00 feet to the point of beginning and there terminating Parcel 4 PROPOSED DESCRIPTIONS PARCEL B (REMAINING PARCEL) The south half of southwest quarter (S Yz SW '/4) of section 19, township 115 north, range 18 west, Dakota County, Minnesota except the north 125 feet thereof, and except the following Commencmgat the northwest corner of the southwest quarter of the southw est quarter (SW SW /o) of said section 19, thence southerly along the west line of the southwest quarter of the southwest quarter, 125 feet to the point of beginning, thence easterly parallel and 125 feet souther ly of the north line of the southwest quarter of the southwest quarter 550 feet, thence southwesterly to a point on the west line of the southwest quarter of the southwest quarter of said section 19, said point being 400 feet southerly of the northw est corner of said southwest quarter, thence northerly along said west line 275 feet to the point of beginning Subject to MnDot Plat 19 -144 and Dakota County ROW Map No 78 EXCEPT the following Commencing at the southwest comer of Southwest Quarter of Section 19, thence North 0 degrees 10 minutes 45 seconds East, as assumed bearing along the west line of said Southwest Quarter of Section 19 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company theice North 63 degrees 42 minutes 17 seconds East along said southerly right of way 502 72 feet to the point of beginning, thence continuing North 63 degrees 42 minutes 17 seconds East 1 11 72 feet to a point on the south line of the north 125 feet of south half of southwest quarter of Section 19 which is the southerly right of way of the Union Pacific Railroad Company, thence South 89 degrees 42 minutes 27 seconds East along said south line of the north 125 feet of the south half of southwest quarter of Sectim 19 a distance of 1010 10 feet, thence South 0 degrees 17 minutes 39 seconds West 50 00 feet to a point on the south line of the north 175 feet of the south half of southwest quarter of Section 19 thence North 89 degrees 42 minutes 27 seconds West along said south line of the north 175 feet of south half of southwest quarter of Section 19, a distance of i 110 00 feet to point of beginning and there terminating Parcel4 (RAILROAD ACQUISITION PARCEL) That part of South Half of Southwest Quarter of Section 19, Township 115, Range 18, Dakota County, Minnesota, described as follows Commencing at the southwest corner of Southwest Quarter of Section 19, thence North 0 degrees 10 minutes 45 seconds East an assumed bearing along the west tine of said Southwest Quarter of Section 19 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company, thence North 63 degrees 42 minutes 17 seconds East along said southerly right of way 502 72 feet to the point of beginning, thence continuing North 63 degrees 42 minutes 17 seconds East 111 72 feet to a point on the south line of the north 125 feet of south half of southwest quarter of Section 19 which is the southerly right of way of the Union Pacific Railroad Company, thence South 89 degrees 42 minutes 27 seconds East along RESOLUTION 2004 said south line of the north 125 feet of south half of southwest quarter of Section 19 a distance of 1010 10 feet, thence South 0 degrees 17 minutes 39 seconds West 50 00 feet to a point on the south line of the north 175 feet of the south half of southwest quarter of Section 19, thence North 89 degrees 42 minutes 27 seconds West along said south fine of the north 175 feet of south half of southwest quarter of Section 19 a distance of 1110 00 feet to point of beginning and there terminating This is Abstract property WHEREAS, on November 23, 2004, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Splits at 12555 Clayton Avenue, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the series of lot splits requested by the Union Pacific Railroad Subject to conditions,* WHEREAS, on December 16, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Splits requested by Union Pacific Railroad for 12555 Clayton Avenue, NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Lot Splits request from Union Pacific Railroad, legally described as follov,s Descriptions Parcel 1RR (NEW RAILROAD PARCEL) That part of the Southwest Quarter of Section 13, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the southwest corner of Section 13, thence South 89 degrees 59mmutes 48 seconds East, an assumed bearing along the south line of said Southwest Quarter of Section 13 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company, thence North 1 degrees 05 minutes 01 seconds East 84 85 feet along said westei ly right of way to the point of beginning, thence continuing North I degrees 05 minutes 01 seconds East along said westerly right of way 1664 75 feet, thence North 88 degrees 54 minutes 59 seconds West 20 00 feet, thence South 1 degrees 05 minutes 01 seconds West parallel to said westerly right of way 1664 75 feet, thence South 88 degrees 55 minutes 25 seconds East 20 00 feet to point of beginning and there terminating AND That portion of the Chicago Great Northern Railway Company right of way, lying in the West Half of the Southwest Quarter (W of SW '/4) of Section 13, Township 115, Range 19 Dakota County, Minnesota PARCEL 2RR (NEW RAILROAD PARCEL) That part of West Half of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the northwest comer of Section 24, thence South 89 degrees 59 minutes 48 seconds East, an assumed bearing along the north line of said Section 24 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company, thence South 1 degrees 05 minutes 01 seconds West along said westerly right of way 453 57 feet to the point of beginning, thence continuing South 1 degrees 05 minutes 01 seconds West along said westerly i ight of way 1730 83 feet, thence continuing southeasterly along said westerly right of way on a tangential curve concave to the east having a RESOLUTION 2004 radius of 1959 86 feet and a central angle of 35 degrees 15 minutes 00 seconds a distance of 1205 76 feet, thence continuing along said westerly right of war South 34 degrees 09 minutes 59 seconds East 362 98 feet, thence South 56 degrees 00 minutes 47 seconds 1A est 20 00 feet thence North 34 degrees 09 minutes 59 seconds West parallel to said westerly right of way 362 87 feet, thence northwesterly on a tangential curve concave to the east, parallel to said westerly right of way, radius 1989 86 feet, central angle 4 degrees 20 minutes 58 seconds length of 151 06 feet and chord bearing North 1 degrees 05 minutes 23 seconds West, thence North 1 degrees 04 minutes 58 seconds East parallel to said westerly right of way 348 99 feet, thence South 88 degrees 54 minutes 59 seconds East 10 00 feet thence continuing parallel to said westerly right of way North 1 degrees 05 minutes 01 seconds East 1381 84 feet, thence South 89 degrees 54 minutes 59 seconds East 20 00 feet to the point of beginning and there terminating AND That portion of the Chicago Great Western Railway Company's right of way lying within the the Northhalf of the Southwest Quarter and the South Half of the Northwest Quarter and the Northwest quarter of Northwest quarter of Section Twenty-four (24), Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (5"') Principal Meridian, Dakota County, Minnesota Parcel 3E Parcel 3ERR (NEW RAILROAD PARCEL) That part of the South Half of Southeast Quarter of Section 24, Township 114, Range 19, Dakota County, Minnesota, described as follows Commencing at the southeast corner of Section 24; thence North 0 degrees 10 minutes 45 seconds East, an assumed bearing along the east line of said Section 24 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company, thence North 63 degrees 33 minutes 56 second; West along said southerly right of way 501 75 feet to the point of beginning, thence contmumg North 63 degrees 33 minutes 56 seconds West along said southery right of way 167 26 feet to a point on the south line of north 100 feet of the south half ofthe southeast quarter of Section 24, which is the southerly right of way of said south half of southeast quarter of Section 24, which is the southerly right of way of said Railroad Company, thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 1386 03 feet to a point in the west line of east half of southwest quarter of southeast quarter of said Section 24, thence South 0 degrees 07 minutes 58 seconds West along said west line 75 00 feet to a point of on tie south line of the north 175 feet of south half of southeast quarter of Section 24, thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 1535 98 feet to point of beginning and there terminating and The Northerly 100 feet of East Half of the Southwest Quarter of the Southeast Quartet of Section 24, Township 115 Range 19, Dakota County, Minnesota and the Northerly 100 feet of the Southeast Quarter of Southeast Quarter of said Section 24 and that part ofsaid Southeast Quarter of Southeast Quarter beginning at appoint in the east [toe of said Southeast Quarter of Southeast Quarter 100 feet south of the Northeast corner of said Southeast Quarter of Southeast Quarter thence Westerly 600 feet along a line parallel with and 100 feet south of the not th line of said Southeast Quarter, thence southeasterly to a point in the east line of said Southeast Quarter of Southeast Quarter, said point being 300 feet south of the point of beginning as measured along said east line, thence northerh along said east line to the point of beginning Parcel 3W PARCEL3WRR (NEW RAILROAD PARCEL) RESOLUTION 2004 That part of South Half of Southeast Quarter of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the southeast corner of Section 24, thence North 0 degrees 10 minutes 45 seconds East, an assumed bearing along the east line of said Section 24 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company, thence along said southerly right of w a) North 63 degrees 33 minutes 56 seconds West 669 01 feet to a point on the southerly right of way of said Railroad Company, thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet if the south half of southeast quarter of Section 24 a distance of 1386 03 feet to a point in the west line of east half of southwest quarter of southeast quarter of said Section 24 and the point of beginning thence continuing South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 321 44 feet, thence south 58 degrees 13 minutes 25 seconds West along said southerly right of way 143 26 feet to a Point on the south line of the north 175 feet of south half of southeastquarter of Section 24, thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 443 06 feet to said west line of east half of southwest quarter of southeast quarter, thence North 0 degrees 07 minutes 58 seconds East along said west line 75 00 feet to the point of beginning and there terminating and The Northerly 100 feet West Half of Southwest Quarter of Southeast Quarter, Section 24, Township 115, Range 19, Dakota County, Minnesota and that part of said West Half of Southwest Quarter of Southeast Quarter beginning at a point in the west line of said Southwest Quarter of Southeast Quarter 100 feet south of the Northwest corner of said Southwest Quarter of Southeast Quarter thence Easterly 340 feet along a line parallel with and 100 feet south of the north line of said Southwest Quarter of Southeast Quarter, thence southwesterly to a point in the west line of said Southwest Quarter of Southeast Quarter, said point being 210 feet south of the point of beginning thence northerly, along said west line, to the point of beginning Parcel 4 Parcel 4RR (NEW RAILROAD PARCEL) That part of South Half of Southwest Quarter of Section 19, Township 115, Range 18, Dakota County, Minnesota, described as follows Commencing at the southwest corner of Southwest Quarter of Section 19, thence North 0 degrees 10 minutes 45 seconds East, an assumed bearing along the west line of said Southwest Quarter of Section 19 a distance of 918 04 feet to the southerly right of way ofthe Union Pacific Railroad Company, thence North 63 degrees 42 minutes 17 seconds East along said southerly right of way 502 72 feet to the point of beginning, thence continuing North 63 degrees 42 minutes 17 seconds East 111 72 feet to a point on the south line of the north 125 feet of south half of southwest quarter of Section 19 which is the southerly right of way of the Union Pacific Railroad Company, thence South 89 degrees 42 minutes 27 seconds East along said south line of the north 125 feet of south half of southwest quarter of Section 19 a distance of 1010 10 feet, thence South 0 degrees 17 minutes 39 seconds West 50 00 feet to a point on the south line of the north 175 feet of the south half of southwest quarter of Section 19, thence North 89 degr (es 42 minutes 27 seconds West along said south line of the north 175 feet of south half of southwest quarter of Section 19 a distance of 1 110 00 feet to point of beginning and there terminating AND The north 125 feet of the south half of the southwest cparter (S Y2 SW '/4) of section 19, township 115 north, range 18 west, Dakota Count}, Minnesota and that part of said south half of the southwest quarter, commencing at the northwest comer of the southwest quarter of the southwest quarter (SW SW '/4) of said section 19, thence southerly along the west line of the southwest quarter of the southwest quarter, 125 feet to the point of beginning, thence easterly parallel and 125 feet southerly of the north line of the southwest quarter of the southwest quarter, 550 feet, thence southwesterly to a point on the west line of the 10 RESOLUTION 2004 southwest quarter of the southwest quarter of said section 19, said point being 400 feet southerly of the northwest comer of said southwest quarter, thence northerly along said west line 275feet to the point of beginning NOW, THEREFORE, FURTHER BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Lot Splits requested by Union Pacific Railroad, subject to 1. Recombination of the parcels with the railroad corridor right -of -way 2. Payment of G I S fees 3. Granting of an easement for street, utilities and trial on the south side of the U S. 52 railroad underpass within the railroad corridor ADOPTED this 16th day of December, 2004 by the City Council of the City of Rosemount. William H Droste, Mayor ATTEST: Linda Tentink, City Clerk Motion by Second by Voted in favor Voted against Member absent: I J V f F PaR�� E fAR -C �c UNIgN MCIF1G RAIL IZOAD W Or kT- of Wk? EXp'�,NSIow PARCFII PAIZC.E.L n tcL,'E L I PRtz B v l¢DT ST E LocaronJ NAP Pearson,Rick From LeFevere, Charlie L [clefevere @Kennedy- Graven com] Sent Wednesday, December 15, 2004 12 49 PM To Pearson,Rick Subject Union Pacific subdivision Rick, The City is considering the application of Union Pacific RR for a minor subdivision and recombination The application involves splitting off portions of five parcels (two on the east side and three on the east side of US Hwy S2), and the combination of those portions with the railroad property The Planning commission has recommended that a condition of subdivision approval be the granting of an easement over a part of the railroad property for street and trail purposes under the Hwy 52 overpass The railroad's representative has objected to the proposed subdivision exaction on the ground that it is not proportional to the subdivision, and you have requested my comment on this objection The legal doctrine referred to is a limitation on the power of government to impose a condition on approval of subdivisions that the landowner provide an interest in land to the public The basic idea is that a subdivision exaction that is otherwise authorized may be unlawful if it is "disproportionate" given the size and nature of the subdivision In other words, the government may be within its rights to require some exaction but simply be asking for too much under the circumstances In this case, I understand that an easement for street and trail purposes would cover only about six tenths of one acre The subdivision as a whole, on the other hand is quite large involving parcels totaling over 400 acres, even without counting the railroad parcel Under these circumstances, it seems to me that the Council could reasonably conclude that the recommended subdivision is not unreasonably or impermissibly disproportionate Charlie x«a er• e m „e�. ter .m��'n�w�w 4 x n 34 -0 13a0-Ot -55 i00� 34 -OZ -011 PM PIN PARCEL az x .�o.m. u• gg PARCEL?.- 1 4n0�O5CS -25 r y i .w�."'° 7y__ "'_"��.,w p1300- p10 -50 1 1` a� 1 m M" 1 I I 1 1 I o w -^w m- "•i ,e,m ybS�z'�" •iY R u,• �Y. .M� ,C�'. erg': 1 Y l 1 �aErvo w P1N 3y- 01300-01060 1 1 w-� 1 1 A-1 ,tea Kµ srrK* 1' }�a�a o` j et" 1 arts. �r :.:M� =w 2003402 •„4 All pAKOTACO SUftY� Row AC x«a er• e m „e�. ter .m��'n�w�w NNKM� y.1 "�W",V TPy'V tM na�ismtipa Mo 1 uNnppYlONYO �nnns Yy OIdIBYd NONN Y i OYOYIf liot J 1 ON30 I I +h 1 fJ 1 1Md KiYYN i W 1 p`p� /J S� I v k a 1 l 1 1 `4t Old 10'00+ f' f '11yk111 r 11 A /./61�'� A uN f J y-+'� tP_`� '__"_r• °n;n, S.+•t �j 1 1 1 r�i �3pavd ^F����. ��u ti ll 1 Nla PIN 34' 02400 00-50 I 1 ti i pv2 l' 3 Q2aoo-ola -ss IN 34- 2 n 1 T I I 1 4 1 I I I I 4 I I t` pIN 34-024W- ()tC)-7 5 PIN 3 ,-02400- 00-8 4- 02400 010 -80 I I 1 m t A� O O s� r p,N 0`0 �g p1bo I I i 1 4 f l 4 p0 q O w< jpO JVy Q a PIN 34- 02 400- 013 1 ren \I For• pN10N PACIFIC 0.AI60.OAD�1'QAN1 miINT ROW AGOUIS"'ON SU"" w oi+ d e" u+i� A Qn N m a I s I ^v I J P54 34_05900011_50 �I 34_05900-050 -52 e ,�wd -r ^w..r.'""'°'°'° 34_019 i.y �T 'I '°e..m 5 e.. new Y u I PARCEL �_��s —�I' _01900 rr..00 --ff igo: 1 goo- 34 a 340 PAR PIN ^j0_57 IN v �..a Lx n 1 r1• "b w ��••^wa r j U po ..4. 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The Union Pacific Railroad is expanding the corridor along the southwestern and southern edges of the General Industrial area This application concerns the acquisition of five parcels of land from properties adjacent to the c,orndor Chairperson Messner asked the Commissioners for any questions Chairperson Messner asked for comments from the Applicant The Applicant, Steve Sand, 1400 Douglas Street, Omaha, Nebraska, asked that the condition for the dedication of the cross access be removed Mr Sand did not feel it was directly related to the item before the board Chairperson Messner had a question regarding the cross access and why he felt it was not related Mr Sand stated his position was that unlike a subdivision where you ask for street and alley dedication, all Union Pacific wants to do is split the right -of -way to record the deed and that they are being asked to give up property under the bridge for the road dedication and it seems beyond what they are trying to get at it tonight Mr Messner asked if they are looking for the right -of -way to be given to the City or some kind of a cross access easement City Planner Pearson stated the City is asking for the ability to get an easement to this area because the City does not have a street designed at this time but does anticipate one in the future Mr Pearson stated the city attorney felt that this was a reasonable request by the staff to make during this process The City is not asking for the normal fees that are required for normal platting or subdivisions Mr. Sand stated he is hesitant to commit to something that will happen in the future and he would rather that in the future Union Pacific evaluate it when the road and plan are moving forward Mr Pearson added that the Cit} would have every intention of working through whatev er permitting structure is required to make sure that the design of the road doesn't conflict with the function of the corridor as well as getting the necessary permits from MnDOT. Mr. Messner asked for the clarification on what item 3 included Mr Pearson responded that the underpass of the bridge is the footprint of the road but that the road will have to curve to the south to 140 °i street once development comes into the area Mr Messner asked why there are varying widths and gaps Mr Sand responded that the additional right -of -way parcels are to accommodate cuts and fills Mr Powell was wondering if the railroad had reviewed any sort of concept design for the ti all and the street that the City is asking for an easement and was concerned about the safety issues of the railroad Mr Sand responded that the State had plans showing the tracks and the future road and the bike trail The structure has been reviewed so that it accommodates that road but that Mr Powell was right and the plans will need to be reviewed again for the operational and engineering impacts and for the real estate impacts and what does the railroad give up by agreeing to it If the road is built five years down the road there might be a chance that the railroad does not own the land NIT Messner had a question about the dedication of an easement Mr Pearson stated that there are some options available for laying out the easements Mr Messner asked about the MnDot giving Union Pacific money Mr Sand said that some parcels were condemned in the project and in the settlement the state gaN e some funds to go to out and make all the track modifications necessary to accommodate the State s project Mr Sand said the funds given were for damages and replacement property Mr Sand said the challenge on his end is what the road will look like, how big will it be, and what income will go away because they are not charging the City for the Easement Mr Messner stated that the City should charge all of the fees it normally would for a split for getting the necessary right of way Commissioner Powell was concerned that beneath the bridge there is an alignment for a street and trail and that the railway may not be able to meet the safety standards of the final design from a traffic and rail standards Community Development Director Lindquist stated the situation is not much different then other subdiN isions where we get road alignments without the whole layout of the road Ms Lindquist said the City will need to get additional permits from the rail line to make sure that it does meet the safety requirements and the condition allows the city to preserve our options as allowed by the Subdivision Ordinance The City uses this opportunity to gain what they need to address the issues in the area Ms Lindquist is uncomfortable not requiring the condition stating this lays the ground work and the commitment from the rail line that that road will be going there Ms Lindquist further stated that the City would meet the safety requirements through the permitting process and couldn't construct a road without meeting the requirements Chairperson Messner opened the public hearing Chairperson Messner asked for public comments There were no public comments MOTION by Messner to close the Public Hearing Second by Schultz Ayes: Schultz, Zurn, Messner and Powell Nays None Motion carved Chairperson Messner asked for follow -up questions from the Commissioners MOTION by Messner to recommend that the City Council approve a series of lot splits requested by Union Pacific Railroad, subject to 1 Recombination of the parcels with the railroad corridor or right -of -way 2 Payment of G I S fees 3. Dedication of cross access for the local street and trail construction and use on the south side of the U S 52 railroad underpass within the rail corridor Second by Zurn Ayes Schultz, Zurn, Messner, and Powell Nays None Motion carried. Mr Pearson indicated this item will be on the agenda for the December 21, 2004 City Council Meeting