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HomeMy WebLinkAbout7.a. Drainage and Utility Easement Vacation�CROSEMO EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 18, 2010 AGENDA ITEM: Drainage and Utility Easement Vacation AGENDA SECTION: Public Hearing PREPARED BY: Phil Olson, PE, Project Engineer, Andrew J. Brotzler, PE, Director c AGENDA NO. . a• Works/City Engineer ATTACHMENTS: Resolution; Site Map; Request Letter; Biscayne Point Fifth Plat; Easement APPROVED BY: Vacation Exhibit RECOMMENDED ACTION: Motion to adopt a resolution causing easement vacation in Lot 3, Block 3 Biscayne Pointe Fifth Addition. BACKGROUND: Edward and Ann Rognerud (the Rogneruds) live at 13631 Birnamwood Trail and are interested in installing an in- ground swimming pool in their backyard. They contacted the City to determine the requirements for installing the swimming pool and were instructed that an existing drainage and utility easement was located in the area they had planned for the pool. The Rogneruds are requesting that the City vacate a portion of the existing drainage and utility easement to accommodate the construction of the in- ground swimming pool. In 2003, Heritage Development of Minnesota platted Biscayne Point Fifth Addition which includes the property at 13631 Birnamwood Trail. To ensure that drainage could be contained within the development and since the adjacent properties were not platted at the same time, large drainage and utility easements were required in the rear yards of the properties on the perimeter of the development. A grading plan was completed by Probe Engineering Company, Inc. to verify that drainage will not be negatively impacted by the swimming pool and /or the vacation of a portion of the drainage and utility easement. The grading plan proposes to accommodate the swimming pool by maintaining similar drainage patterns as the existing conditions but shifted west. With the proposed changes, the City will maintain a 20 -foot wide drainago- and utility easement along the rear lot line of the property. There are no utilities currently within the easement requested to be vacated and staff is supportive of their request. SUMMARY: Staff recommends the approval of the easement vacation. GAeasements \05182010 CC Easement Vacation- Rognerad.doc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 — A RESOLUTION CAUSING EASEMENT VACATION IN LOT 3, BLOCK 3 BISCAYNE POINTE FIFTH ADDITION WHEREAS, a public hearing was scheduled and held before the City Council of the City of Rosemount on May 18, 2010 after due publication as required by law, and all interested persons were given an opportunity to be heard; and WHEREAS, it appears the current easement serving a public purpose is based upon the property in a predevelopment state, and will be replaced by a modified easement for public purpose that will be incorporated with the development plat. NOW THEREFORE BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Portion of the Drainage and Utility Easement at 13631 Birnamwood Trail legally described as: That part of the existing drainage and utility easement over and across the west 35.00 feet of Lot 3, Block 3, BISCAYNE POINTE FIFTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: The east 15.00 feet of said west 35.00 feet of said Lot 3 lying south of the north 13.00 feet thereof and lying north of the south 10.00 feet thereof. BE IT FURTHER RESOLVED, that the City Attorney shall prepare a notice of completion of the proceedings and necessary Quit Claim Deeds which shall contain the name of the City, identification of the vacation and a statement of the time of completion thereof, and shall present the same to the County Auditor and then file a copy with the County Recorder. ADOPTED this 18'' day of May, 2010. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk ROSEMO ss Pk� m �► W / MARE POND 135TH _-ate. B O N 1 BI — - sit W RDSONG W MARE POND Q' _ "fill' BIRDSONG PATH Q v m O 136TH ST 0 o- oN X U q qVF �0 T E�- 31 Birnamwood Trail - o TRL C O N N m MAR'4 � Op TRL -- - v PvTU M N IV 7A RNG�AN` 138TH -7, ASE % .0h ST W oo m -9G BELVIDERE r D G� v CT C 2 n BOO Z C O _ q c 140TH ST ig 01A 0p Q Bl CRNEY1= Birch X Z uj BELMONT °� Park —ni CT BIRCH ST Q 11�� ly rK vMN�G00 W' LMONT I'p �d Pa PvT Z BELFAST B�a001 f�e �p`l CT Sj ON PA 7;y P Q LF PS PJP' 6� OMFIELD pgTN QJGVSTA QJ N O IL I- ��, o Go0B A�� �' otij z � � P CO ,�� w F_- A. PZP� q N Feet 0 245 490 980 1,470 1,960 TGIS /City /Maps /Departmental Maps /Engineering /Chris /13631 Birnamwood Trail easement vacation May 18, 2010 27 April 2010 To the City of Rosemount, We are writing to request your approval of a proposed easement vacation at 13631 Birnamwood Trail, Rosemount, MN 55068, also known as Lot 3, Block 3 Biscayne Point, Fifth Addition. Probe Engineering Inc., the original development engineer, along with Mike Mulvaney of Custom Pools Inc. have created the enclosed plan to re -grade the site aligning with existing contours on the adjacent lots to allow vacation of the East 15 feet of the West 35 feet of the existing drainage easement to allow the installation of an 18 X 36 foot in ground swimming pool. We are requesting the vacation due to the existing drainage easement taking the West 35 feet of the lot, allowing only 20 feet available for this project making it not practical As requested on the City of Rosemount website, we have submitted 3 copies of the engineering plan, and sent a PDF copy to Phil Olson of the City Engineering Department. Please contact us if you have any questions or need more information at 651 -344- 8745. 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