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Home My WebLink About7.a. Request by Ron Clark Construction for the Vacation of the Easement along the Rear of the Rosemount Plaza Shopping Center EXECUTIVE SUMMARY City Council Meeting: February 4, 2020 AGENDA ITEM: Request by Ron Clark Construction for the Vacation of the Easement along the Rear of the Rosemount Plaza Shopping Center 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 the Easement along the Rear, Westside, of the Rosemount Plaza Shopping Center. SUMMARY Ron Clark Construction has requested the vacation of a 20’ easement along the rear, or west side, of the Rosemount Plaza Shopping Center in order to facilitate redevelopment of the site with the construction of The Morrison, a 124-unit apartment building. At one time the easement ran the entire length of the redevelopment site, but the segment along the Shenanigan’s property had previously been vacated. With the project approval there is no reason to retain the easement. The Assistant City Engineer has reviewed the proposed vacation as well as the final plat in which new perimeter easements will be dedicated. Required easement dedication is listed in engineer’s memorandum dated January 14, 2020 in the planning approval. RECOMMENDATION Staff is recommending the Council adopt a resolution approving the easement vacation 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 2020-17 A RESOLUTION APPROVING THE VACATION OF A TWENTY FOOT EASEMENT ALONG THE REAR OF THE ROSEMOUNT PLAZA SHOPPING CENTER WHEREAS, the City of Rosemount received an application from Ron Clark Construction, 7500 West 78th Street, Edina, MN (Applicant) for the Final Plat of The Morrison; WHEREAS, on February 4, 2020, the City of Rosemount City Council reviewed and approved the Final Plat for The Morrison; and WHEREAS, the vacation of the existing twenty (20) foot easement along the rear of the Rosemount Plaza shopping center legally described below is required before the Final Plat can be recorded for The Morrison; and WHEREAS, the City Council reviewed this request and conducted a public hearing on February, 4, 2020. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Easement, legally described as: The West 20.00 feet of Lots 47 and 48, and the West 20.00 feet of the Northerly 70.00 feet of Lot 61, all in Auditor's Subdivision No. 1, Rosemount, Dakota County, Minnesota. Subject to the following conditions: 1. Recording of the Final Plat of The Morrison. 2. Compliance with all conditions detailed in the Engineer’s Memorandum dated January 14, 2020. ADOPTED this 4th day of February 2020, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 145TH ST W 146TH ST W 0.9 Acres 1.8 Acres Dakota County GIS Downtown Document Path: T:\Project\CommDev\Downtown\Downtown.mxd PDF: I:\GIS\Map_Library\CommDev\Downtown\Downtown10162017.pdf 0 70 14035 Feet 3/8/2018 6" PVC 8" PVC110.1232.4110.0 232.6129.860.1130.0 50.0 21.044.3 10 1 15 13 13 13 [16] San. Sewer Easement per Book 64 of M.R., Page 297 (W 75' of the N 4' Lot 49) [19] Parking Easement Per Book 284 of Deeds, Page 191 [19] Ingress/Egress Easement Per Book 284 of Deeds, Page 191 [12] Ingress/Egress Easement per Book 160 of Deeds, Page 554 [20] Driveway EasementPer Book 160 of Deeds, Page 554[13] Pedestrian Walkway/ Parking Easement per Doc. No. 305950 [15] Ingress/Egress Easement for Delivery and Maintenance Vehicles per Book 284 of Deeds, Page 194 East Line of the West 20 feet of Lots 47 and 48 and of the Northerly 70 feet of Lot 61, AUDITOR'S SUBDIVISION NO. 1 West Line of Lots 47 and 48 and of the Northerly 70 feet of Lot 61, AUDITOR'S SUBDIVISION NO. 1 (As Monumented) North Line of Lot 61, AUDITOR'S SUBDIVISION NO. 1 South Line of the North 70 feet of Lot 61, AUDITOR'S SUBDIVISION NO. 1 MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 8th day of January, 2020 ______________________________________________ Rory L. Synstelien Minnesota License No. 44565 Project No. 19336 SHEET 1 OF 1 4931 W. 35TH ST. SUITE 200 ST. LOUIS PARK, MN 55416 CivilSiteGroup.com DESCRIPTION The West 20.00 feet of Lots 47 and 48, and the West 20.00 feet of the Northerly 70.00 feet of Lot 61, all in Auditor's Subdivision No. 1, Rosemount, Dakota County, Minnesota. Drawn By: 10050 SCALE IN FEET 0 S89°24'30"W 299.48S00°38'51"W 358.50 N89°24'30"E 137.50S00°38'51"W 150.00 N89°24'30"E55.00N00°38'51"E 150.00N89°24'30"E 106.95N00°39'11"E 358.50 West Line of Lots 47, 48,and 61, AUDITOR'SSUBDIVISION NO. 1(As Monumented)North Line of Lot 61, AUDITOR'SSUBDIVISION NO. 1North Line of South 52.5 feet of Lot 54,AUDITOR'S SUBDIVISION NO. 1South Line of the North 193.5 feet ofLot 61, AUDITOR'S SUBDIVISION NO. 1East Line of the SW 1/4 Sec. 29, Twp. 115, Rng. 19 North Line of the SW 1/4Sec. 29, Twp. 115, Rng. 19North Lineof Lot 54Found 1/2 InchOpen Iron PipeFound 1/2 InchIron Pipe w/CapNo. 8625(Plat=110.00)(Plat=300.00)East Line of AUDITOR'S SUBDIVISION NO. 1 LOT 1BLOCK 1THE MORRISONKNOW ALL PERSONS BY THESE PRESENTS: That The Morrison Partners, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Dakota,State of Minnesota, to wit:Lots 34, 47, 48, 49, 51, 52, 53, 54, that part of Lot 55 lying north of the south 52.5 feet thereof, and the north 193.5 feet of Lot 61, all in AUDITOR'S SUBDIVISION NO. 1.ANDLot 50, AUDTIOR'S SUBDIVISION NO. 1, Rosemount.(Torrens Property)Has caused the same to be surveyed and platted as THE MORRISON and does hereby dedicate to the public, for public use, the public way and the drainage and utility easements as created by this plat..In witness whereof said The Morrison Partners, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20.THE MORRISON PARTNERS, LLCBy: ItsSTATE OF , COUNTY OF The forgoing instrument was acknowledged before me this day of , 20,By:, of The Morrison Partners, LLC, a Minnesota limited liability company, on behalf of said limited liability company. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,SURVEYORS CERTIFICATEI Rory L. Sysntelien, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within oneyear; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of the surveyor's certification are shown and labeled on this plat; and all publicways are shown and labeled on this plat.Dated this day of , 20.Rory L. Synstelien, Land SurveyorMinnesota License No. 44565STATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 20, by Rory L. Synstelien, a Licensed Land Surveyor. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,CITY COUNCIL OF ROSEMOUNT, COUNTY OF DAKOTA, STATE OF MINNESOTAThis plat was approved by the City Council of Rosemount, Minnesota at a regular meeting thereof held this day of , 20,and hereby certifies compliance with all the requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2.By:, Mayor By: , City ClerkCOUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approvedthis day of , 20.By Todd B. Tollefson, Dakota County SurveyorDEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subdivision 9, taxes payable in the year on real estate hereinbefore described, have been paid.Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfers entered on this day of , 20 .By Amy A. Koethe, DirectorCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of THE MORRISON was filed in the office of the County Recorder for public record on this day of , 20 ,at o'clockM. and was duly filed in Bookof Plats, Page, asDocument Number .By Amy A. Koethe, County RecorderREGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of THE MORRISON was filed in the office of the Registrar of Titles for public record on this day of , 20 ,at o'clockM. and was duly filed in Bookof Plats, Page, asDocument Number .By Amy A. Koethe, Registrar of TitlesNBearings are based on the east line ofAUDITOR'S SUBDIVISION NO. 1having an assumed bearing of S 00°38'51" W.Denotes a Found Iron Monument (Type as shown on plat)Denotes a 1/2 inch by 14 inch Rebar Marked "RLS 44565"Denotes A Record Dimension per AUDITOR'S SUBDIVISION NO. 1 (Plat =)60153001530SCALE IN FEETBeing 5 feet in width when adjoining lot lines, unless otherwiseindicated, and 5 feet in width when adjoining right of way linesunless otherwise indicated, as shown on the plat.DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:NOT TO SCALE5 555