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Home My WebLink About6. Utilities Easement Vacation, Lot 4 & 5, Block 3, Broback 5th Addition i • • ITEM # 6 **********�t***************��r******�,t**MEPlO***********,�****************��x*�r*****� DATE: JUNE 15, 1989 T0: riAYOR & COUNCILPIEtiBERS C/0 CITY ADMINISTRATOR JILK � FROPt: CITY ENGINEER/PUBLIC WORKS DIRECTOR HEFTI� RE: ITEPiS FOR THE JUNE 20, 1989 COUNCIL MEETING PUBLIC HEARING Utility Easement Vacation-Lots 4 & 5, Block 3, Broback 5th Addi.tion 'I'liiv il�m c�OI1A�9I f1P Ih� lir►l�linf; �if n puhiir li�nrinl; t« c��ii�i�iF�r �►ul,li�� nmu�nl r-<��;iirciiii}; tlie vnr.nt.ic�tt oL n p��rtio�i c�C a ukilit:y ensc�merit �r� Lol 4 r�nc) Lc>l. 5, Block 3 of the Broback 5th Addition. As part of this memo I will include a brief chronological summary of events leading up to this public hearing. All required public notices have been mailed and published in the legal newspaper. To date we have had no negative responses from any of the public utilities that operate within our City. On P1ay 2, 1989, Council received a petition from the owners of Lot 4 & 5, Block 3, Broback 5th Addition to vacate a utility easement along the west side of Lot 4 and the east side of Lot 5. The plat shows an existing 10` drainage easement on each side of their common loC line. However, both property owners have garages that encroach on the 10' easement. Therefore to eliminate any future title problems for either owner they requested the vacation of that utility easement. On Piay 16, 1989 Council set the hearing for this utility easement vacation based on Staffs recommendation. Staff has reviewed the situation and would recommend vacating only a portion of the easement on each lot. We recommend keeping the easement that is not being encroached upon for future needs, should they ever arise. I will have a brief presentation for the public hearing. Recommended action for Council to consider would be to adopt the attached resolution authorizing the partial vacation of the utility easements of Lot 4 & 5, Block 3 of the Broback 5th Addition. FIF I N T �! Q � R�SEMOUNT TOW�ISHIP DAKOTA GOIJNTY n�...� �.,.,.,,, „ , . ., ,. .... <,...• �.t.. � .` � � / a%�i,.'.• �tMNa1hU��e19WV�`g�.t�,ftIS,R19._. tr.es°�a'�a"t - s2s.2A �q�u Na. 33 ' ' C4UNTY R A N ' ' � Q D 0� 33 . _____ _..__ � . 100 � ..90_,_.__ --90---- — � -- ---90.....__� __._� 13. = M` _.In� �� , 3'h .�i% �4 ' � � � 2 * 3 ' 4 � � � E;�O; � Q n +�y38s +aJ�s lv3ss' Rqd'�s' �4��v�as ��1ri �'a i lL 100 90 �0 '.Q �0 � 80 4�6R,+',�i J s�$'��31i w . ",H.'`. � o s UPPER 145th • �ST, W. � , NS9°43�A3°E ,,� �-ioo.00-- , �---'— i'sj.gx eo �-�-- i-----i�3.._..`._. �e9"��'w i � $ � g �4 � IS � I �IVSSS' �IVS.S'0 1 + NIvgSS a� IS3.02 ISO ISO �-------�---_—�_—__ �' 2 � �� i fi (� �� I ras�r � �nt�t a � I� ( ( �tvsat • 13211 _ •ti � -��"•-- t _ �._.._.130.---- ___ _ � i r . 3 � 12 � � �� _ � �'►�s�s �rys�z � , r Il � ' (�1.�� __�� _ 1 � M��f TS . ' � ISO • ,r 3 . � e-�-:-----. _. . _. I�/ M 4 A °� I I � I � � / Y � ^',y.sAz ( � n �� '►vse� isasi ��o ��_ �r ,�.sn� — �Y- t�o . . . � A ( t_ _- ____._ E � 5 � io � � . . � �'Iv`In I c � •tvGis �� I Noay i�96e �' --- - .�_ . �' � W � d A � . . .. �, 6 � 9 °� � � rIV4�� ( � � lfV425 f�0 . 1��.l�1 -----._.._ . __ . i - __ �. PROJ. Nn, �� o ,f �,OSCYYLOUYL� FIGURE : .. • � CITY OF ROSEMOUNT ,_._. RESOLUTION 1989 - A RESOLUTION CAUSING VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT ON I.OT 4 & 5, BLOCK 3, BRQBACK 5TH ADDITION WHEREAS, the City Gouncil at its Regular Ateeting of Ztay 2, 1989 received a petition for vacation of a portion of drainage and utility easement on Lots 4 & 5, Block 3, Broback 5th Addition described as £ollows, to-wit: East 6.5' of the wae�ti 10' of I�+�t 5 and th� w�st 3.5' e�� he ee��t 10' of Lot 4; both in Block 3� �x�aback Sth Addition in Dakota Caunty. WHEREAS, a public hearing was scheduled and held on ttie 20th day of June, 1989 after due publication as required by law, and all interested persons were given an opportunity ko be heard; and WHEREAS, it appears that it will be for the best interest of the City of Rosemount to vacate said drainage and utility easement as it does not serve a public purpose. NOW THEREFORE BE IT RESOLVED, that the following is hereby vacated, to- wit: East 6.5' of the west 10' of Lot 5 and the west 3.5' of the east 10' of Lot 4; both in Block 3, Broback 5th Addition in Dakota County. BE IT FURTHER RESOLVED, that the City Clerk shall prepare a notice of completion of the proceedings which shall contain the name of the Gity, 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 Register of Deeds. ADOPTED this 20th day of June, 1989. _,. ..�. . .__.. .. ._ . _. , ..__ ____ _,._...__.. �oll�tti Iloke, P1�yor ATTEST: Stephan Jilk, Administrator/Clerk � � AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA � � SS County of Dakota ) , NANCY J. GUSTAFSON, being duly sworo, on oa4h says that she is an authorized ogent and employee of the publisher of the newspoper known os Dakota Counly Tribune,ond hos ful)knowledge of the focis whieh are sfated below: (A)The newspoper has complied with all of the requirements constitufing quolificotion os a legal I � i __.._____ newspaper,as provided by Minnesota Sfatute 331 AA2,331 A.07 and ofher applicable laws,as amended. ' PUBLIC NOTICE /'� NOTICt OF►ARTIAL VACATION OR f� �; „� � UTILJTY EASEMENT ON LQTS�#S. (B)The printed _._�_.—__ ttOCK 3,HROtACK STX ADqT10N NOTICE IS HEREBY GIVEN,that the Ci- ty Council ot the City o[Rosemaint w►I}cem- – � duct a Public Hearing at 8:00 o'clock p.m., Tuesday,June Z0,1988 at the Citq Hall,2875 145th Street West.The purpose M the hearing is to receive public in�t on a need to vacate I a portio�o[the UEiiity aMl fhaioage ea8etnent. i Consideration witl be'reqiie�ted for'vac8tioe' — — of the east 6.3'ot the wea(10'of Lot 5 and the � west 3 5'of the east i0'ot Lot!;both in giack which is attached was cu#from the columns of soid newspoper,and was printed ond published a+ce � 9, Broback Sth AddiUon ia Dakota County, � � Minneaota. - Such peraons as desire to be l�eard vdth successive weeks;it was C reference to this request for partial vacaH� each week,for ~ �,,i )l� ; ot easemen!will be heard at this meetfng. Deted this 3�h dap of May,1989. Skephan Jilk,Adminiatrata�/Clerk City ot Rasemount first published on Thu�sday,the L �"� day of -� ��' �' �`" ' bakot9 Caunty,Minnesota �_, � i�-fa (�� 19 _�_ , and was thereaher printed ond published on every Thunday to and including T <rc- Thursdor,rhe �� day of. `-� L,l .J� C;- ,19=�; and priMed below is a copy of the lower cose alphabet hom A to Z,botl�inclusive,which is hereby acknowledged as being the size ond kind of type used in the composition and publicotion of the notice: a bcdefghi jklmnopqrsluvwxyz � �.� �;: ; BY: ��t<_tt._i.< � ". � t.. .a L,�1t!''.y,,,_ _ TITLE:Secretary t�� blisl�� :--� � � (f<"q Subseribed ond swwn to before m n this ,�day of �-� �'�-'Y'� ,19 " 1 • �� '� � � � e� .._ � !�, .� � .: C- �(��.,r„��i��•, ��_. � _'. .... -' Norory Public `� � j�'�W;,� CAR�L J. HAVERLAND i�l/�y,�; NOTARY PUE�UG-MINTlESQTA �� DAK(aTA CUUNTY � i��*� �''�*s.'��' My Cornmission Fxpires C�ec 3, 19C19 . A#'� 4 � • `� � � • � . � .. .. � p/ � # P � � t �`�� 1 �^�' � (f_�l� ��F�� .. . ..11 /1 •.�I i Fth,�a'�, ��r . � a��..�� ' hTL,�A.�.'k� ��Pr,_.f i.4 $ � � . ... �1 �� AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE PARTIAL VACATION OF DRAINAGE AND UTILITY EASEMENT ON LOTS 4 & 5, BLOCK 3, BROBACK 5th ADDITION STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. , CITY OF ROSEMOUNT ) Stephan Jilk, being first duly sworn, deposes and says: I am a United States Citizen and the duly qualified Clerk of the . City of Rosemount, Ptinnesota. On May 30, 1989, acting on behalf of the said City, I p�sted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office of Rosemount, Ptinnesota, copies of the attached notice of public hearing regarding partial vacation of drainage and utility easement on Lots 4 & 5, Block 3, Iiroback 5tli 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 rlail between the place of mailing and the places so addressed. � � ��'�-- Step `n Jilk i` � Admi istrator/C ��rl� � � � City of Rosemount Dakota County, Minnesota ,�__,�,✓� Subscribed and sworn to before me this ��fl day of �ie�, 1989. - 7 , �� Y r �,J � � �.�.�.-� z. � a�/� Not y Fubl' f,,.. � � �T . � . �. .. . . . . .. . .. ... � •� � � . � .. . � .. , ' �1 . . � s, � . ' .�..:J{!, ,e . f Y ,ij�{j k ,.� i(��:. � '' `,�� n,f C�e,;,a E f`�..� ,.. 11 U 2 ";• 9 Uf�nfY�t�WY'✓W W`l.f�atir'W V Vt a n�✓'-a��'e'!'tZrJ'iF• • • (� i�ci F�nx s��i � � �;I�i� O 2r��,�in,�ifasr �w � ROSEMOtINT MiNNf�Fl1TA f,�,r)fR ��,��,�'�� fit7� A7't-A41 t t� PUBLIC NOTICE NOTICE OF PARTIAL VACATION OF UTILITY EASEMENT ON LOTS 4 � 5, BLOCK 3, BROBACK 5TH ADDITION NOTICE IS HERE$Y GIVEN, that the City Council of the City of Rosemount will conduct a Public l�earing at 8:00 o'clock �.m. , Tuesday, June 20, 1988 at the City Hall, 2875 145Ch Street West. The purpose of the hearing is to r�ceive public input on a need to vacate a portion of the utility and drainage easement. , Consideration will be requested for vacation of the east 6.5' of the west 10' of Lot 5 and the west 3.5' of the east 10' of Lot 4; both in Block 3, Broback 5th Addition in Dakota County, Piinnesota. Such persons as desire to be heard with reference Co tliis r.enuest for partial vacation of easement will be hearci at this meeting. llated this 30th day of May, 1989. i � ��'"�ll/��- Stepha Jilk, Adm�` 'strator/Clerk Cit}� of Rosemou� C Dakota County, nnesota I � • . � Piailing List for Public Hearing to be held June 20, 1989 Vacation of Utility Easement on Lots 4 & 5, Block 3, Broback 5th Peoples Natural Gas 2665 145th St. W. Rosemount, riN 55068 Dakota Electric 4300 220th St W Farmington, PiN 55024 Centel Telephone 306 Fourth St Farmington, MN 55024 NSP 3000 rtaxwe 11 Ave ' Newport, P1N 55055 Star Cable 16900 Cedar Ave S ' Rosemount, riN 55068 Gordon Oberg 4325 Upper 145th St. W. Rosemount, riN 55068 Donald Brown - 4345 Upper 145th St. W. Rosemount, MN 55068