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HomeMy WebLinkAbout8. Drainage & Utility Easement Vacation Lots 4-7, Block 1 and Lots 2-7, Block 2 in Evermoor 3rd AdditionCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: September 18, 2001 AGENDA ITEM: Drainage and Utility Easement Vacation — AGENDA SECTION: Lots 4 -7, Block 1 and Lots 2 -7, Block 2, Evermoor 3rd Addition Public Hearing PREPARED BY: Bret Weiss, Interim City Engineer AGENDA.N ATTACHMENTS: Resolution, Copy of Public Notice, APPROVED BY: Evermoor Innisfree Plat ' V This is a cleanup item for the approved Evermoor Innisfree plat. Contractor Property Developers Company has requested the vacation of the underlying drainage and utility easements on Lots 4 -7, Block 1 and Lots 2 -7, Block 2 Evermoor 3rd Addition. The easements are in place on the approved Evermoor Innisfree plat. The existing drainage and utility easements to be vacated are on Lots 4 -7, Block 1 and Lots 2- 7, Block 2 Evermoor 3' Addition, according to the recorded plat thereof, Dakota County, Minnesota. Because the easement was dedicated for public use (drainage and utilities), a public hearing is required to vacate it. Staff is recommending approval of the easement vacation. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION CAUSING EASEMENT VACATION FOR LOTS 4 -7, BLOCK 1 AND LOTS 2 -7, BLOCK 2 EVERMOOR 3 RD ADDITION. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001— A RESOLUTION CAUSING EASEMENT VACATION IN LOTS 4 -7, BLOCK 1 AND LOTS 2 -7, BLOCK 2 EVERMOOR 3' ADDITION WHEREAS, a public hearing was scheduled and held before the City Council of the City of Rosemount on September 18, 2001 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, that the following drainage and utility easement hereby vacated, to wit: Vacate all drainage and utility easements for Lots 4, 5, 6 and 7, Block 1 and Lots 2, 3, 4, 5, 6 and 7, Block 2 Evermoor 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota. 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 18th day of September, 2001. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: a - ROSEMOU NT Everything's Coming Up Rosemount!! PUBLIC NOTICE CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF PUBLIC EASEMENT VACATION TO WHOM IT MAY CONCERN: CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651- 423 -6219 Fax: 651.423 -5203 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing on Tuesday, September 18, 2001 in the Banquet Room of the Community Center, 13885 South Robert Trail, beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider a public easement vacation affecting the following legally described property: Lots 4, 5, 6 and 7, Block 1 and Lots 2, 3, 4, 5, 6 and 7, Block 2 Evermoor 3rd Addition as recorded in the City of Rosemount,. Dakota County, Minnesota. Such person(s) as desire to be heard with reference to the above item will be heard at this meeting. Dated this 4th day of September, 2001. Linda Jentink, City Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available -Please contact the City Clerk at (612)322 -2003, or TDD No. (612)423 -6219, no later than September 12, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, braille, etc. e °�• � - - A i r " I -_ I 1 1. I ' W 1 , o t �sN pyN N 18 w r. /ii: v.yi Q 1•. .n t.-pu •d'� P I• .., ! l p p�V i . I ` ,,yS.ZOOgpN \ is N rn f - \ j t- 5 w �� . t � / • o i / i��i,o �, / O m2� /{ ` l I I r ` tZ i . I ilia i is N - I I : � � � oA "• 4� Ns r ` — CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR NOTICE OF PUBLIC EASEMENT VACATION BROBACK EIGHTH ADDITION STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT ) Linda Jentink, being first duly sworn, deposes and says: CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651 - 423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651- 423 -5203 I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On September 6, 2001, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on September 6, 2001 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed vacation of drainage and utility easement in Broback Eighth Addition, 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. A Linda Jentink,, ty Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this & day of September, 2001. CINDY DORNIDEN t _ NOTARY PUBLIC - MINNES ss F My Comrs.i._,,:e,� E xpires Jan. 31, 2005 otary Public ROSEMOUNT Everything's Coming Up Rosemount!! CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF PUBLIC EASEMENT VACATION TO WHOM IT MAY CONCERN: CITY HALL 2875 — 145th Street West Rosemount, MN 55068-4997 Phone: 651 - 423.4411 Hearing Impaired 651 - 423.6219 Fax: 651.423 -5203 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing on Tuesday, September 18, 2001 in the Banquet Room of the Community Center, 13885 South Robert Trail , beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider a public easement vacation affecting the following legally described property: Lot 1, Block 1 Broback Eighth Addition as recorded in the City of Rosemount, Dakota County, Minnesota. Such person(s) as desire to be heard with reference to the above item will be heard at this meeting. Dated this 4th day of September 4, 2001. Linda JentinkCity Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (612) 322 -2003, or TDD No. (612)423 -6219, no later than September 12, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, braille, etc. PUBLIC NOTICE PATRICIA J ANDERSON 3385 MCANDREWS RD ROSEMOUNT MN 55068 -3269 RICHARD MARK PLAFCAN 14870 DANVILLE AVE W ROSEMOUNT MN 55068 -4544 CHRISTOPHER G OSTERTAG 461 THEIS DR SHAKOPEE MN 55379 -9533 LEROY A & KATHLEEN D OLSON 4175 UPPER 150TH ST ROSEMOUNT MN 55068 -4514 JOSEPH J & PAMELA FOREMAN 4240 UPPER 150TH ST ROSEMOUNT MN 55068 -4513 CAROL JEAN MOTZ 4180 UPPER 150TH ST W ROSEMOUNT MN 55068 -4515 SHARON I KLEIN 4260 UPPER 150TH ST W ROSEMOUNT MNN 55068 CHARLENE L WEATHERLY 14860 DANVILLE ROSEMOUNT MN 55068 -4544 WESLEY & DIANE ROLFING 14930 DODD BLVD ROSEMOUNT MN 55068 -4508 KURT R & CHARLOTTE M SIMMERING 4215 UPPER 150TH ST W ROSEMOUNT MN 55068 -4512 DONALD M & JOY LUDESCHER 4155 150TH ST W ROSEMOUNT MN 55068 JOHN R & SANDRA J WALLACE 4220 UPPER 150TH ST ROSEMOUNT MN 55068 -4513 DAVID & BARBARA KUYKENDALL 4160 150TH ST W ROSEMOUNT MN 55068 Westhaven MARY A WOLFE 14885 DODD BLVD ROSEMOUNT MN 55068 -4525 KEVIN J & M K ERVASTI -14950 DODD BLVD ROSEMOUNT MN 55068 -4508 BRYAN B AISENBREY 4195 150TH ST W ROSEMOUNT MN 55068 STEVEN B & KAREN E DAVIS 4280 150TH ST W ROSEMOUNT MN 55068 MICHAEL R & MARY B INCE 4200 150TH ST W ROSEMOUNT MN 55068 KENNETH J & KAREN K LOOMIS 4140 150TH ST W ROSEMOUNT MN 55068 The Rosemount Town Pages A.FFIDDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stat- ed below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A. \a,�n,�d other applica I s, {s aIner ded. (B) The printe ( l t a which is attached, was cut from the columns of sa' newspaper, and was printed and published once each week for successive weeks• it was first pu Ished on Friday, the -------------- - ry day of W1 and was thereafter printed and published on every Friday, o and including Friday, the--- _____________._ _ day of 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is herebv acknowledged as being the size and kind of type used in the composition and publication of the notice: abWefghijkhanoi..lrstu­ ,z B­: Sub gib re me on this ` ' day 2001. Notar ubl U41 AFFIDAVIT SMITH RIE - MINNESOTA Jan. 31, 2005 PUBLIC NOTICE CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF PUBLIC EASEMENT VACATION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing on -_ Tuesday, September 18, 2001 in the Banquet Room of the Community Center, 13885. South Robert Trail , beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider a public easement vacation affecting the following legally described property. Lot I, Block 1 Brobaek Eighth Addition as recorded in the City of Rosemounk Dakota County, Minnesota..- - Such person(s) as desire to be heard with reference to the above item will be heard at this meeting. - - Dated this 4th day of September 4, 2001. 9n