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HomeMy WebLinkAbout7.a. Request by John and Elaine Fischer to Vacate a portion of the Drainage and Utility Easement on their Property at 12207 Coffee TrailAGENDA ITEM: Request by John and Elaine Fischer to Vacate a portion of the Drainage and Utility Easement on their Property at 12207 Coffee Trail AGENDA SECTION: Public Hearing PREPARED BY: Eric Zweber; Senior Planner AGENDA NO. la ATTACHMENTS: Vacation Resolution; Site Map; Aerial Photograph; Oak Ridge Estates Plat; Request Letter; Easement Vacation Exhibit; Easement Exhibit APPROVED BY: pj RECOMMENDED ACTION: Motion to adopt a Resolution approving the Vacation of a Portion of the Drainage and Utility Easement at 12207 Coffee Trail. ROSEMOUNT CITY COUNCIL City Council Regular Meeting: December 15, 2009 EXECUTIVE SUMMARY SUMMARY John and Elaine Fischer (the Fischers) live at 12207 Coffee Trail and have a purchase agreement to sell their home. As a result of a title search before the sale it was discovered that their house is built upon a public drainage and utility easement. In order to create a clean title to the property, the Fischers are requesting that the City vacate the drainage and utility easement under their house and in exchange the Fischers will record a new drainage and utility easement along the southern boundary of their property. ISSUE In 1999, M.W. Johnson constructed the Oak Ridge Heights subdivision of 10 lots all being served by Coffee Trail. In 2001, the Fischers selected Lot 5, Block 1 of Oak Ridge Heights (the last lot on the west side of Coffee Trail) to have M.W. Johnson construct their house. When determining where on the lot to place the house, the Fischers determined that they wanted the house to be constructed on the hill north of the wetland located on Lot 4, the lot directly south of Lot 5. To provide the best view of the wetland, M.W. Johnson sold the Fischers a portion of Lot 4 to meet setback requirements and performed a lot consolidation per City Code Section 12 -4 -1 D. Subsequently, the Fischers purchased additional land from Lot 4 and performed another lot consolidation to create the current property located at 12207 Coffee Trail. Currently, the Fischers have a purchase agreement to sell their house at 12207 Coffee Trail, but during the title search for the sale, it was determined that the house is constructed over the drainage and utility easement from the original Lot 4 and Lot 5 boundary. Lot consolidations only move parcel boundaries not drainage and utility easements. To complete the sale, the Fischers have requested to vacate the portion of the drainage and utility easement under their house and replace it with the new 10 foot wide drainage and utility easement on the north side of the boundary between Lot 4 and Lot 5. There are no utilities currently within the easement requested to be vacated and staff is supportive of their request. CONCLUSION Staff recommends the approval of the easement vacation. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009- A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 12207 COFFEE TRAIL WHEREAS, on August 17, 1999, the City of Rosemount approved the Final Plat for Oak Ridge Estates including 10 foot perimeter drainage and utility easements over all Lots within the Plat; and WHEREAS, John and Elaine Fischer (the Fischers) purchased Lot 5, Block 1 and a portion of Lot 4, Block 1 of Oak Ridge Estates to build their home; and WHEREAS, the Fischers performed a Lot Consolidation as provided in City Code Section 12 -4 -2 D. to combine their purchase into one contiguous lot; and WHEREAS, the Lot Consolidation does not vacate the drainage and utility easement from the Plat; and WHEREAS, the Fischers constructed their home at 12207 Coffee Trail over the former Lot 4 and Lot 5 property line and existing drainage and utility easements; and WHEREAS, the Fischers currently have purchase agreement to sell their house but cannot deliver a clean title without vacating the portion of the drainage and utility easement under their house; and WHEREAS, the Fischers are recording a new 10 foot wide drainage and utility easement on the southern boundary of their Lot Consolidation. 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 12207 Coffee Trail legally described as: That part of the drainage and utility easement, as dedicated on the recorded plat of OAK RIDGE ESTATES, Dakota County, Minnesota lying 10 feet on each side of the line between Lots 4 and 5, Block 1, said OAK RIDGE ESTATES and lying westerly of a 10 feet northwesterly of and parallel with the following described line and its extension: Commencing at the northwest corner of said Lot 4; thence South 0 degrees 02 minutes 34 seconds East assuming bearing along the west side of side Lot 4, a distance of 70.00 feet; thence North 76 degrees 00 minutes 58 seconds East 271.33 feet to the point of beginning of the line to be described; thence North 27 degrees 29 minutes 33 seconds East, a distance of 118.00 feet and said line there terminating. EXCEPT that portion which lies within the West 10 feet of said Lots 4 and 5. Subject to the following condition: 1. The recording of Drainage and Utility Easement over the southern 10 feet of 12207 Coffee Trail as prepared by Oliver Surveying Engineering, Inc. ADOPTED this 15th day of December, 2009 by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor RESOLUTION 2009 Motion by: Second by: Voted in favor: Voted against: Member absent: 2 12207 Coffee Trail Am% ■■■■■■■1ri�■■ �PA MI111 ■■■1. Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 800 feet 12207 Coffee Trail Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. MaD Scale 1 inch 200 feet UMBER DRAWING NUMBER DRAWING NUMBER c� o-S- 1 DRAWING N A 1.1,70V rros"rrr ur w•w ZO'e0C 3.*C,ZO.00S w s �a:o OV s3 n3"3 n r hi333 wr r =•w 85'Offl M.OY,0S.00S "81?18 M.401.00S sr .e srr a er s.o l ir+ r� �o w �i es s al A 0 November 24, 2009 Eric Zweber, Senior Planner Community Development City of Rosemount 2875 145th St. W. Rosemount, MN 55068 RE: Letter of Request to City Council for Vacation/ Relocation of Drainage Utility Easement at 12207 Coffee Trail located in Rosemount, MN a single family residence Dear Mr. Zweber: We, John J. Fischer and Elaine D. Fischer, husband and wife, who both reside at 12207 Coffee Trail in Rosemount, MN wish to request the City Council Members for a vacation/ relocation of the Drainage Utility Easement at above said property so as to have this particular Easement follow and match up with the relocated property line. Thanking you for your assistance in this matter, John J. Fischer and Elaine D. Fischer Attachments: 1) Personal Check in the amount of $775.00 2) New Drainage Utility Easement Forms 3) Property Description Easement Vacation Exhibit for: JOHN ELAINE FISCHER LOT 5 part of LOT 4, BLOCK 1, OAK RIDGE ESTATES v N 1 O 1 `'DRAINAGE UTILITY O 1 EASEMENT PER PLAT o OF OAK RIDGE ESTATES 10 S89 59'34 "W 507.29 LOT 5 !'7 Ofo o 2103 "E N76 °p0 55 NW CORNER 5 i L y �1 OF LOT 4 g 3-5'n i 'c 1010 dv N? 2 O w f PROPOSED EASEMENT O VACATION r. DRAINAGE AND UTILITY EASEMENT TO BE VACATED 5 g 4 Job 1199.10 107 Book /Page: Scale: 1" =100' Date: 11/23/2009 0 S O o 31 Y EXCEPT that portion which lies within the West 10 feet of said Lots 4 and 5. N Thot port of the drainoge and utility eosement, os dedicated on the recorded plot of OAK RIDGE ESTATES, Dakota County, Minnesota lying 10 feet on each side of the line between Lots 4 and 5, Block I, said OAK RIDGE ESTATES and lying westerly of a line 10 feet northwesterly of and parallel with the following described line and its northeasterly extension: Commencing at the northwest corner of said Lot 4; thence South 0 degrees 02 minutes 34 seconds East assumed bearing along the west line of said Lot 4, a distance of 70.00 feet; thence North 76 degrees 00 minutes 58 seconds East 271.33 feet to the point of beginning of the line to be described; thence North 27 degrees 29 minutes 33 seconds East, a distance of 118.00 feet and said line there terminating. Oliver Surveying Engineering, Inc. Land Surveying Civil Engineering •Land Planning 580 Dodge Ave. Elk River, MN 55330. 763.441.2072 763.441.5665 un vi v. oliver -se. com Easement Exhibit for: JOHN ELAINE FISCHER 0 N M cN O r LOT 5 part of LOT 4, BLOCK 1, OAK RIDGE ESTATES S89 59'34 "W 507.29 r 1 I 1 1 I 1 LOT 5 I 7. I (V DRAINAGE UTILITY 0 EASEMENT PER PLAT N i OF OAK RIDGE ESTATES 1 I NW CORNER i w y�� \-12 2.9 OF LOT 4 �Z 29 3 3„ 25 -_-_-----PROPOSED UL EASEMENT DRAINAGE i 'o O ry 0 1 1,06 0p0'58' PROPOSED DRAINAGE UTILITY EASEMENT �S N UN pF \'23n11 54 N p O:° N NEW DRAINAGE AND UTILITY EASEMENT TO BE DEEDED TO THE CITY OF ROSEMOUNT BY JOHN J. FISCHER AND ELAINE D. FISCHER Job 1199.10 107 Book /Page: Scale: 1" =100' Date: 11/23/2009 900 i %T yam` An easement for drainage and utility purposes over, under and across the following described property: Lot 5, Block 1, OAK RIDGE ESTATES, according to the recorded plat thereof, Dokoto County, Minnesota and that port of Lot Four (4), Block One (1), OAK RIDGE ESTATES, according to the recorded plot thereof, Dakota County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of said Lot 4; thence South 0 degrees 02 minutes 34 seconds East assumed bearing along the west line of said Lot 4, o distance of 70.00 feet to the point of beginning of the line to be described; thence North 76 degrees 00 minutes 58 seconds East 271.33 feet; thence North 27 degrees 29 minutes 33 seconds East 118.00 feet to the north line of said Lot 4 and said line there terminating. Said easement being 10 feet to the left of the following described line: Commencing at the northwest corner of said Lot 4; thence South 0 degrees 02 minutes 34 seconds East assumed bearing along the west line of said Lot 4, o distance of 70.00 feet to the point of beginning of the line to be described; thence North 76 degrees 00 minutes 58 seconds East 271.33 feet; thence North 27 degrees 29 minutes 33 seconds East 118.00 feet to the north line of said Lot 4 and so id line there terminating. Except that portion thereof which lies within the drainage and utility easements as dedicated on the recorded plat of OAK RIDGE ESTATES. Oliver Surveying Engineering, Inc. Land Surveying Civil Engineering Land Planning 580 Dodge Ave. Elk River, MN 55330. 763.441.2072 •fac. 763.441.5665 nnwv.oliver- se.com DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT (The "Declaration is made this day of 2009, by John J. Fischer and Elaine D. Fischer, husband and wife, (the "Declarant Recitals PID NO 34- 49500- 052 -01 A. Declarant is the fee owner of certain real estate (the "Property in Dakota County, Minnesota, described as follows: Lot 5, Block 1, OAK RIDGE ESTATES, according to the recorded plat thereof, Dakota County, Minnesota and that part of Lot Four (4), Block One (1), OAK RIDGE ESTATES, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of said Lot 4; thence South 0 degrees 02 minutes 34 seconds East assumed bearing along the west line of said Lot 4, a distance of 70.00 feet to the point of beginning of the line to be described; thence North 76 degrees 00 minutes 58 seconds East 271.33 feet; thence North 27 degrees 29 minutes 33 seconds East 118.00 feet to the north line of said Lot 4 and said line there terminating. B. Declarant wishes to establish a certain non exclusive, permanent easement for drainage and utility purposes as hereinafter described in, over and across portions of the Property. Declaration Now, therefore, the Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easement, which shall inure to the benefit of the City of Rosemount: 1. Easement. The property shall be subject to a perpetual easement for drainage and utility purposes over, under and across that part of the Property described as follows: Said easement being 10 feet to the left of the following described line: Commencing at the northwest corner of said Lot 4; thence South 0 degrees 02 minutes 34 seconds East assumed bearing along the west line of said Lot 4, a distance of 70.00 feet to the point of beginning of the line to be described; thence North 76 degrees 00 minutes 58 seconds East 271.33 feet; thence North 27 degrees 29 minutes 33 seconds East 118.00 feet to the north line of said Lot 4 and said line there tenninating. Except that portion thereof which lies within the drainage and utility easements as dedicated on the recorded plat of OAK RIDGE ESTATES. As depicted on the attached Exhibit. 2. Scope of Easement Rights. The perpetual drainage and utility easement granted herein includes the right of the City of Rosemount, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing storm sewer, sanitary sewer and water facilities and ground surface drainage ways in the described easement area. The easement created herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easement or facilities of the City, its successors or assigns. 3. Easement to Run with Land: No Merger. The easement created herein shall run with the land and be binding on all parties having any right, title or interest in the Property, their heis, successors and assigns. The Declarant intends that the easement created herein shall not merge in Declarant's title to the Property and that any future conveyance of the Property by Declarant shall be subject to this Declaration of Easement unless the instrument of conveyance expressly states an intention to terminate this Declaration of Easement. 4. Amendment; Modification; Termination. This Declaration may not be amended, modified or terminated without the consent of the City of Rosemount. John J. Fischer Elaine D. Fischer STATE OF MINNESOTA )ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2009, by John J. Fischer and Elaine D. Fischer, husband and wife. THIS INSTUMENT WAS DRAFTED BY: Oliver Surveying Engineering, Inc. 580 Dodge Avenue Elk River, MN 55330 763 441 -2072 Notary Public