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Linda Jentink, being first duly sworn, deposes and says:
I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota.
On April 27, 2004, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street
West, and on April 30, 2004 deposited in the United States Post Office of Rosemount, Minnesota,
copies of the attached notice of public hearing regarding the R. A. Kot Homes request for a Lot
Adjustment and Vacation of the existing drainage and utility easements of subject properties,
enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on
the attached listings at the addresses listed with their names.
There is delivery service by United States Mail between the place of mailing and the places so
addressed.
Linda Jentink, Cily
City of Rosemount
Dakota County, Minnesota
Subscribed and sworn to before me this 30` day of April, 2004.
No tary Public/� — �
KATHRYI F t3ARl
Note
Min
,;� � Lua;misiur • 31.2 505
ROSEMOU NT
CITY HALL
2875 - 145th Street West
Rosemount, MN
55068 -4997
Phone: 651-423-4411
Public Notice otice
Hearing Fax: 6 Impaired: 651-423-6219
p N
Fax: 651 - 41-423 -5203
City of Rosemount
NOTICE OF LOT ADJUSTMENT AND UTILITY EASEMENT VACATION
TO WHOM IT MAY CONCERN:
NOTICE Is HEREBY GIVEN, the City Council of the City of Rosemount will hold a Public
Hearing to consider the item listed below on Tuesday, May 18, 2004, in the Council Chambers
of the City Hall, 2875 145th Street West, Rosemount, Minnesota, beginning at 7:30 p.m. or as
soon thereafter as possible. The purpose of this hearing is to consider an adjustment of a
common boundary line and vacation of the existing drainage and utility easements affecting the
following properties, 13078 Danube Court and 13143 Danube Lane, legally described below:
Parcel A: Lot 9, Block 3, Evermoor, Dakota County, Minnesota.
Parcel B: Lot 8, Block 3, Evermoor, Dakota County, Minnesota
Proposed Drainage and Utility Easement:
Parcel A: All that part of the drainage and utility easement lying over, under and across the easterly
10.00 feet of Lot 9, Block 3, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota, as delineated and dedicated on said plat of Evermoor, lying southerly of the north 10.00
feet of said Lot 9 and lying northerly of the south 5.00 feet of said Lot 9.
Parcel B: A 15.00 Foot wide easement for drainage and utility purposes lying over, under and across
all that part of Lots 8 and 9, Block 3, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota, lying 10.00 feet westerly of and 5.00 feet easterly of the following described line:
Beginning at the southeast corner of said Lot 9, thence north 08 degrees 01 minutes 44 seconds west,
(for purposes of this description the west line of said Lot 8 is assumed to have a bearing of north 05
degrees 49 minutes 04 seconds west) a distance of 87.21 feet to the southerly right of way line of
Danube Lane as delineated and dedicated on said Evermoor, and there terminating, the side lines of
said easement shall be prolonged or shortened to terminate on said right of way line, the south line of
said Lot 9 and the westerly line of said Lot 8.
The purpose of the public hearing is to receive public comment on the application received from
Richard A. Kot of R.A. Kot Homes for approval of an adjustment to a common boundary line
and vacation of the existing drainage and utility easements affecting the subject properties.
Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public
hearing. Formal written comments will also be accepted prior to the meeting dates. Please
forward all written comments and/or inquiries to the Planning Department of the City of
Rosemount or call 651- 322 -2051.
r
Dated this 27th day of April, 2004.
Linda Jentink, C lerk
City of Rosemount
Dakota County, Minnesota
Auxiliary aids and services are available - Please contact the City Clerk at 651- .322 -2003 or
651- 322 -6219 (TDD number) to make a request. Examples of auxiliary aids or services may
include: sign language interpreter, assistive listening kit, accessible meeting location, etc.
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The Rosemount Town Pages
AFFIDAVIT OF PUBLICATION
Chad Richardson, being duly sworn, on oath says that he is an authori .
agent and employee of the publisher of the newspaper, known as
Rosemount Town Pages, and has full knowledge of the facts which
stated below:
(A) The newspaper has complied with all of the requirements constitut
qualification as a legal newspaper, as provided by Minnesota Stau
331A.02, 331A.0 end other a lic a laws, as amended.
(B) The printed
which is attached, was cut from the columns of s ' ewspaper, and N
printed and published once each week for success
S; it, as first published on Friday, the W�_`,& _ _ day
2004 and was thereafter prin and published on ev
Fr and including Friday, the day
2004; and printed below is a copy of
lower case a habet from A to Z, both inclusive, which is here
acknowledged as being the size and kind of type used in the composit
and publication of the notice:
abcdefgtijklmwpgrsmvwxyz
Subs ' d and
,
Irom to before me on this ' " c
of
2004.
Notary M@ic
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AFFIDAVIT
DAWN M SMITH
NOTARY PUSUC - MINNESOTA
v
MY Commission Expires Jan, 31, 2005
4.
The applicant, R.A. Kot Homes, requests a common boundary line adjustment and vacation
of the corresponding drainage and utility easements for the properties located at 13143
Danube Lane and 13078 Danube Court. These properties are legally described as Lots 8 &
9, Block 3, Evermoor Addition. This application will transfer approximately 980 square feet of
land from Lot 8 to Lot 9 and relocate the existing drainage and utility easements to
correspond with the new common property line. This additional land will increase the area
available for a rear yard setback and allow more flexibility regarding house location for Lot 9.
Lots 8 and 9, Block 3, Evermoor Addition lie next to each other along the corner of Danube
Lane and Danube Court. Lot 8 contains an existing single family dwelling while Lot 9 is
undeveloped. The rear lot line of Lot 9 corresponds to the west side lot line of Lot 8. The
applicant wishes to relocate this common property line to add approximately 980 square feet
to Lot 9. This common boundary adjustment will increase the overall depth of lot 9 allowing
greater flexibility in house location. The side yard setback for the existing house on Lot 8
would be reduced to 11 feet or one foot more than the required 10 foot side yard setback.
This application will also vacate and relocate the existing drainage and utility easements over
the existing common boundary line to correspond with the new common boundary line.
Land Use & Zoning. The current proposal meets the land use and zoning standards for the
subject properties. These properties are guided UR, Urban Residential and zoned R -1, Low
Density Residential with the Evermoor PUD overlay. Single family residential dwelling are
permitted uses under these classifications. The PUD designation calls for slightly larger lot
area and rear yard setback standards than the typical R -1 standards and both properties
meet these standards. Detailed information regarding the proposed lots is illustrated in the
table below.
R -1, Low Density Residential Lot Standards
Lot
Lot Sizes . ft.
Lot Width ft.
Lot Depth ft.
Status
Proposed
Required
Proposed
Required
Proposed
Required
Lot 9
16,844
12,000
115 ft.
95 ft.
145 ft.
125 ft.
Conformin
Lot 8
17,372
10,000
164 ft.
80 ft.
182 ft.
125 ft.
Conformin
Access. This proposal will not change access to either property. Lot 8 will continue to have
access from Danube Lane while Lot 9 will have access from Danube Court.
Easements. Staff recommends as a condition of the lot reconfiguration that new drainage
and utility easements be dedicated consistent with the ordinance requirement. As part of the
vacation, the applicant must also demonstrate that there are no private utilities within the
existing easements or relocate those utilities to the new easements at their expense. These
conditions are reflected in the two draft resolutions of approval attached.
CONCLUSION & RECOMMENDATION
Staff recommends approval of a boundary line adjustment and an easement vacation for the
properties located at 13143 Danube Lane and 13078 Danube Court subject to conditions.
This recommendation is based on the information provided by the applicant and the findings
made in this report. These applications will transfer approximately 980 square feet of land
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5
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004-
A RESOLUTION APPROVING THE RELOCATION OF A COMMON BOUNDARY
LINE FOR R.A. KOT HOMES
WHEREAS, the Community Development Department of the City of Rosemount received an
application from R.A. Kot Homes requesting approval of the Relocation of a Common Boundary
Line for the properties located at 13078 Danube Ct., and 13143 Danube Lane, legally described
as:
Parcel A:, Lot 9, Block 3, Evermoor, Dakota County, Minnesota.
Parcel B: Lot 8, Block 3, Evermoor, Dakota County, Minnesota
WHEREAS, on May 18, 2004, the City Council of the City of Rosemount reviewed the request
from R.A. Kot Homes for the Relocation of a Common Boundary Line; and
WHEREAS, the City Council of the City of Rosemount found the site plan for R.A. Kot Homes
Relocation of a Common Boundary Line consistent with current land use and zoning standards
for the subject property; and
WHEREAS, according to the City of Rosemount Subdivision Ordinance, the adjustment of a lot
line by the relocation of a common boundary does not require a public hearing, and only requires
City Council approval;
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Relocation of a Common Boundary Line for R.A. Kot Homes for the properties
located at 13143 Danube Lane and 13078 Danube Court, subject to the following condition:
1. Creation of 5' drainage and utility easements on both sides of the new common
boundary between Lots 8 & 9, Block 3, Evermoor Addition.
s
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RESOLUTION 2004 -
ADOPTED this 18" day of May 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
A RESOLUTION APPROVING VACATION OF THE EXISTING DRAINAGE AND
UTILITY EASEMENTS BETWEEN LOTS 8 AND 9, BLOCK 3, EVERMOOR
ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application from R.A. Kot Homes requesting approval of Vacation of the Existing Drainage and
Utility Easements for two parcels located at 13143 Danube Lane and 13078 Danube Court,
legally described as:
Parcel A: Lot 9, Block 3, Evermoor, Dakota County, Minnesota.
Parcel B: Lot 8, Block 3, Evermoor, Dakota County, Minnesota
WHEREAS, the application from R.A. Kot Homes requests Vacation of the Existing Drainage
and Utility Easements for two subject parcels_ with the following proposed Drainage and Utility
Easement;
Parcel A: All that part of the drainage and utility easement lying over, under and across the easterly
10.00 feet of Lot 9, Block 3, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota, as delineated and dedicated on said plat of Evermoor, lying southerly of the north 10.00
feet of said Lot 9 and lying northerly of the south 5.00 feet of said Lot 9.
Parcel B: A 15.00 Foot wide easement for drainage and utility purposes lying over, under and across all
that part of Lots 8 and 9, Block 3, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota, lying 10.00 feet westerly of and 5.00 feet easterly of the following described line:
Beginning at the southeast corner of said Lot 9, thence norm 08 degrees 01 minutes 44 seconds west,
(for purposes of this description the west line of said Lot 8 is assumed to have a bearing of north 05
degrees 49 minutes 04 seconds west) a distance of 87.21 feet to the southerly right of way line of
Danube Lane as delineated and dedicated on said Evermoor, and there terminating, the side lines of
said easement shall be prolonged or shortened to terminate on said right of way line, the south line of
said Lot 9 and the westerly line of said Lot 8.
WHEREAS, on May 18, 2004, the Council of the City of Rosemount held a public hearing to
hear public comments on the subject application and review the request for Vacation of the
Existing Drainage and Utility Easements for R.A. Kot Homes; and
WHEREAS, on May 18, 2004, the Council of the City of Rosemount found the site plan for
R.A. Kot Homes Vacation of the Existing Drainage and Utility Easements consistent with the
requirements for Vacation of the Easements; and
RESOLUTION 2004 -
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves Vacation of the Existing Drainage and Utility Easements between Lots 8 and 9, Block
3, Evermoor Addition for R.A. Kot Homes for the properties located at 13143 Danube Lane and
13078 Danube Court, Rosemount, MN, with the following condition:
1. Applicant must demonstrate that no private utilities exist within the easement to be
vacated, or relocate any utilities to the new easements at the developer's expense prior to
release of the vacation resolution for recording.
ADOPTED this 18 day of May 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
MAP SITE ,
PROPERTY ID NUMBER: 34- 25100 -080 -03 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005):
FEE OWNER: R A KOT HOMES INC LAND: 411111111011111 LOT SIZE (EXCLUDES TYPE STAM.RES
7694 128TH ST W BUILDING: J01010 ROAD EASEMENTS) YEAR BUILT 2003
APPLE VALLEY MN 55124 TOTAL: 410011111111110 ARCH /STYLE TWO STORY
18,353 SO FT FOUNDATION SO FT 1980
PROPERTY ADDRESS: 13143 DANUBE LANE SCHOOL DISTRICT: 196 0.42 ACRES FINISHED SO FT 4662
ROSEMOUNT MN 55068 BEDROOMS 5
LOCATION: NW1l4 NW1 /4 SECTION 19- 115 -19 BATHS 3.25
PAYABLE 2004 TAXES FRAME WOOD
PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD GARAGE SO FT 562
NET TAX: WNW* OTHER GARAGE SIN TUC GR
SPECIAL ASSESSMENTS: 0.00 WATERSHED DISTRICT: VERMILLION RIVER MISC BLDG
TOTAL TAX & SA: moose
LAST QUALIFIED SALE:
PAYABLE 2005 ASMNT USAGE: RESIDENTIAL DATE: AMOUNT:
-------------
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NOTE: Dimensions rounded to nearest foot. PLAT NAME: EVERMOOR N
TAX DESCRIPTION: COMMON AREA KNOWN AS
Copyright 2004, Dakota County - OUTLOTS A H 1 J L & N & ALL
OF LOT
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. 8 3
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department.
Map Date: April 29, 2004 Parcels Updated: 4/2212004 Aerial Photography: 2003
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(VACANT)
P ROPOSED LEGAL DESCRIPTIONS
PARCH. A
ALL THAT PART OF LOT 8, BLOCK 3, EVERMOOR, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY, M11414ESOIA LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 9. SAID BLOCK 3, THENCE NORTH 08 DEGREES 01 MINUTES 44 SECONDS EAST,(FOR PURPOSES
OF THIS DESCRIPTION THE WESTERLY LINE OF SAID LOT 8 IS ASSUMED TO HAVE A BEARING OF NORTH 05 DEGREES 49 MINUTES IN SECOIJPS
WEST), A DSTANCE OF 87.21 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF DANUBE LANE AS DELINEATED AND DEDICATED ON SAID
EVERMOOR, THERE TERMINATING:
PARCEL B
LOT 8, BLOCK 3, EVERMOOR, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY. MINNESOTA EXCEPT THAT PART THEREOF LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING Al' THE SOUTHEAST CORNER OF LOT 5, SAID BLOCK 3, THENCE NORTH 08 DEGREES 01 MINUTES 44 SECO14DS EAST, FOR (PURPOSES
OF THIS DESCRIPTION THE WESTERLY LINE OF SAID LOT 8 IS ASSUMED TO HAVE BEARING OF NORTH 05 DEGREES 49 MINUTES 04 SECONDS
WEST), A DISTANCE OF 87.21 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF DANUBE LANE AS DELINEATED AND DEUICATED ON SAID
EVERMOOR, AND THERE TERMINATING.
PROPOSED DRAINAGE AND UTILITY EASEMENT
A 15.00 LOOT WIDE EASEMENT FOR DRAINAGE AND UTILITY PURPOSES LYING OVER UNDER AND ACROSS ALL THAI PART OF LOTS a AND 9,
BLOCK 3, EVERMOOR, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY, MINNESOTA, LYING 1000 FEET WL4IFRLY {IF AND 50U
FEEI FA.SIEHL'r OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 9, THENCE NORTH 08 DEGREES 01 MINUTES 44 SECONDS WEST. (FOR PROPOSES OF 1 Inch 3
THIS DESCRIPTION THE WEST LINE OF SAID LOT 8 IS ASSUMED TO HAVE A BEARING OF NORTH 05 DEGREES 49 MINUTES 04 SECONDS WEST) A 0 F001
DISTANCE OF 67.21 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF DANUBE LANE AS DELINEATED AND DEDICATED ON SAID EVERMOOR, AND
THERE TERMINATING, THE SIDE LINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE ON SAID RIGHT OF WAY LINE,
THE SOUTH LINE OF SAID LOT 9 AND THE WESTERLY LINE OF SAID LOT S. -
THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMF.NI`, OF R[f :OkO ul<
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMEN IS TO 'SAID I ANT,,
WE HEREBY CERTIFY TQ_R.A. KOT HOMES THAT THIS SURVEY, PLAN OR kEPukl WAS -
PREPARED BY. ME, R UN ER MY DIRECT SUPERVISION. AND THAT I AM A DULY LICENSED LAND -
SURVEYOR UNDER E OF THE STATE OF NAIESOTA, DATED THIS 20TH DAY OF APRIL, 2004.
SI E . PIONEER ENGINEE KG,
John C. Larson, Professional Land Surveyor
Minnesota LicenseNo. 19828
* * _ i.4 I.nl,ip r Unvr
Ml I In ILrrtll L;, MII
PIONEER AnD sun E ons , amt (651) 681 - 1914 FAX:681 - 9488
* eng near ng LAIID P—NErs. —5-1` Ae<nno-r, 62`., Flighwuy IU II_I_ —_
* Blaine. Mll .,54 r.4
-k 4c * (763) 783 -1860 FAX:783 -1883
100484013.DWG NJK 100484013 04 -11
288:
Description Sketch for: R.A. KOT HOMES
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PROPOSED LEGAL DESCRIPTION TO VACATE DRAINAG AND UTILITY E65E
All that .port of the drainage and utility easement lying over, under and across the westerly 5.00 feet of Lot 8, Block 3, EVERMOOR,
according to the recorded plat thereof, Dakota County, Minnesota, as delineated and dedicated on said plot of EVERMOOR, lying
southerly of the north 10.00 feel of said Lot 8 and lying northerly of the following described line:.
Beginning at the southeast corner of Lot 9, Block 3, said EVERMOOR; thence North 08 degrees 01 minutes 44 seconds East (for
purposes of this descrylllon the west Ilne said Lot 8 is assumed to have a bearing of North 05 degrees 49 minutes 04 seconds
West), n distoneebf 30.00 fart. and .than, terminalinV.
• THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
WE HEREBY CERTIFY TO R.A.- -K41I- HOMES: THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME, OR D R MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER TH
LA THE STATE OF MI TA, DATED THIS 20TH DAY OF APRIL, 2004.
SIGN D:
BY:
EER ENGINEERING,.
ohn
.yt * * Minnesota
C. Larson, Professional Land Surveyor
License No. 19828
2422 Enterprise Drive
1 *
n PIONEER
Mendota Heights, MN 55120
LAND SURVEYORS • CIVIL ENGINEERS
(851) 881 -1914 FAX:681 -9488
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*
LAND PLANNERS• LANDSCAPE ARCHITECTS
625 Highway 10 N.E.
* * *
Blaine. MN 55434
(783) 783 -1880 FAX-M-1883
100484013.DWG
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100484013 04 -119
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Description Sketch for: R.A. KOT HOMES
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I EASEMENT PER PLAT
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PROPOSED LEGAL DE SCRIPTION TO VACATE -- DRAINAGE AND UTILITY E ASEMENT
All that part of the drainage and utility easement lying over, under and across the easterly 10.00 feet of Lot 9, Block 3, EVERMOOR,
according to the recorded plat thereof, Dakota County. Minnesota, as delineated and dedicated on said plot of EVERMOOR, lying
southerly of the north 10.00 feet of sold Lot 9 and lying northerly of the south 5.00 feet of said Lot 9.
• THIS - SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
WE HEREBY CERTIFY T9—". KOT HOMES THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME, OR DIRECT SUPERVISION THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER E L OF THE STATE OF MI SOTA GATED THIS 20TH DAY OF APRIL. 2004.
SI D: NEER ENGINEERING, A.
G
BY: _
ohn C. Larson, Professional Land Surveyor
Minnesota License No. 198213
� * * 2422 .Enterprise Drive
* Mendota Heights, MN 55120
* PIONEER LAND SWVEYDRS GINL ENGINEERS (851) 881 -1914 FAX:881 -9488
eng near ng LAND PLANNERS. LANDSCAPE- ANCInTECTS 625 Highway 10 N.E.
>M Blaine, MN 55434
* * x (763) 783 -1880 FAX:783 -1883
100484013.DWG - NJK 100484013 04 -120 2882