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
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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.
Thank you,
�&N.a,
Edward and Ann Rognerud
13631 Birnamwood Trail
Rosemount, MN 55068
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