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HomeMy WebLinkAbout07.a. Request by Lennar Corp. to Vacate a Portion of the Drainage and Utility Easements on Lots 10 and 11, Block 3, Bella Vista 5th Addition EXECUTIVE SUMMARY City Council Regular Meeting: July 2, 2018 AGENDA ITEM: 18-37-VAC Request by Lennar Corp. to Vacate a Portion of the Drainage and Utility Easements on Lots 10 and 11, Block 3, Bella Vista 5th Addition. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO.: 7.a. ATTACHMENTS: Resolution, Site Location Map, Vacation Sketch, Plat APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution approving the vacation of a portion of the drainage and utility easements on Lots 10 and 11, Block 3, Bella Vista 5th Addition. SUMMARY An additional five feet of drainage and utility easement was provided on Lots 10 & 11 Block 3 Bella Vista 5th Addition to accommodate a storm sewer from the street to the pond area within the eastern portion of the plat. Since the preliminary plat approval, the storm sewer was relocated to an area between Lots 8 and 9, just north of the subject parcels. As such, the additional easement width on the subject parcels is unnecessary. While the grading and construction plans were updated to show the storm sewer’s new location, the drainage and utility easements were not updated on the final plat. The proposed drainage and utility easements after the vacation are 5 feet wide and consistent with the standard perimeter drainage and utility easements on other parcels where there are no public utilities. No changes are needed to the drainage and utility easements on the parcels where the storm sewer was relocated. RECOMMENDATION Staff recommends the Council adopt a resolution approving the easement vacation request based on the information provided by the applicant and reviewed in this report. The vacation request has been published and proper notification conducted. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-XX A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER LOTS 10 AND 11, BLOCK 3, BELLA VISTA 5TH ADDITION WHEREAS, WHEREAS, the City of Rosemount received a request to vacate a portion of the drainage and utility easements over Lots 10 and 11, Block 3, Bella Vista 5th Addition; and WHEREAS, the City Council reviewed this request and conducted a public hearing on July 2nd, 2018. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Drainage and Utility Easements, legally described as: The North 5.00 feet of the South 10.00 feet of the Drainage & Utility Easement as dedicated on Lot 10, Block 3, BELLA VISTA 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the Westerly 10.00 feet and lying westerly of a line described as follows: Beginning at a point on the north line of said Lot 10, distant 140.00-feet Eat of the northwest corner of said Lot 10 to a point on the south line of said Lot 10, distant 133.98 feet easterly of the southwest corner of said Lot 10. AND The South 5.00 feet of the North 10.00 feet of the Drainage & Utility Easement as dedicated on Lot 11, Block 3, BELLA VISTA 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the Westerly 10.00 feet and lying westerly of the following described line: Beginning at a point on the north line of said Lot 11, distant 133.98 feet easterly of the northwest corner of said Lot 11 to a point on the southwesterly line of said Lot 11, distant 133.98 feet easterly of the most westerly corner of said Lot 11. ADOPTED this 2nd day of July 2018, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jeff May, Deputy City Clerk Bella Vista Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150