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
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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
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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
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O 1 `'DRAINAGE UTILITY
O 1 EASEMENT PER PLAT
o OF OAK RIDGE ESTATES
10
S89 59'34 "W 507.29
LOT 5
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NW CORNER 5 i L y �1
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PROPOSED EASEMENT
O VACATION
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DRAINAGE AND UTILITY EASEMENT TO BE VACATED
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4
Job 1199.10 107 Book /Page:
Scale: 1" =100' Date: 11/23/2009
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EXCEPT that portion which lies within the West 10 feet of said Lots 4 and 5.
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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
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LOT 5 part of LOT 4, BLOCK 1,
OAK RIDGE ESTATES
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DRAINAGE
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PROPOSED DRAINAGE
UTILITY EASEMENT
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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
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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