HomeMy WebLinkAbout7.a. Request by The Morrison Partners, LLC.
EXECUTIVE SUMMARY
City Council Regular Meeting: June 2, 2020
AGENDA ITEM: Request by The Morrison Partners, LLC. AGENDA SECTION: Public
Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a.
ATTACHMENTS: Resolution; Site Location; Sanitary
Sewer Easement Vacation Exhibit; Utility
Easement Vacation Exhibit; The Morrison
Final Plat
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution approving the vacation of utility
and sanitary sewer easements over portions of the redevelopment site of The Morrison.
BACKGROUND
There are sanitary sewer and utility easements within the redevelopment area of The Morrison that will no
longer align with the needed infrastructure following redevelopment. The applicant is requesting that the
existing easements be vacated in order to facilitate the redevelopment of the site. New public easements
were dedicated with the final plat for The Morrison.
The City Council approved the redevelopment plan for The Morrison earlier this year. At that time a
preliminary and final plat were approved. Within the redevelopment area there are easements that are
specifically identified as sanitary sewer and utility easements over sewer and water lines within the site.
Redevelopment of the site will include some reconfiguration of the utilities within the site, and new
easements that reflect the location of utilities will be dedicated when the plat is recorded.
RECOMMENDATION
Staff is recommending approval of the easement vacations, subject to the dedication of new easements as
shown on the final plat.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-70
A RESOLUTION APPROVING THE VACATION OF SANITARY AND UTILITY EASEMENTS
WITHIN THE REDEVELOPMENT AREA OF THE MORRISON
WHEREAS, the City of Rosemount received an application from The Morrison Partners, LLC.,
(Applicant) for the vacation of sanitary and utility easements within The Morrison redevelopment site.
WHEREAS, on February 4th, 2020, the City of Rosemount City Council reviewed and approved the
Preliminary and Final Plats for The Morrison; and
WHEREAS, the vacation of the existing sanitary and utility easements 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 June 2nd, 2020.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the
Vacation of the Sanitary and Utility Easements, legally described as:
The north 40.00 feet of the west 23.00 feet of Lot 54, Auditor's Subdivision No. 1, Rosemount,
according to the recorded plat thereof. Said distances being measured along and parallel with the
west and north lines of said Lot 54.
AND
The south 7.50 feet of the east 125.00 feet of Lot 54, Auditor's Subdivision No. 1, Rosemount,
according to the recorded plat thereof. Said distances being measured along and parallel with the
south and east lines of said Lot 54.
AND
The east 125.00 feet of Lot 55, Auditor's Subdivision No. 1, Rosemount, according to the recorded
plat thereof, except the south 52.50 feet thereof. Said distances being measured along and parallel
with the north and east lines of said Lot 55.
AND
The west 20.00 feet of the east 48.00 feet of the south 44.00 feet of Lot 54, Auditor's Subdivision
No. 1, Rosemount, according to the recorded plat thereof. Said distances being measured along and
parallel with the south and east lines of said Lot 54.
AND
Lot thirty four (34) of Auditor's Subdivision Number 1, Village of Rosemount, according to the plat
thereof now on file and of record in the office of the Register of Deeds in and for said County and
State, said sanitary sewer to be laid at a depth of approximately ten (10) feet below ground level, with
its center line being described as follows: Beginning at a point on the south line of said Lot thirty
four (34), which point is approximately ten (10) feet west of the southeast corner of said Lot thirty
four (34), thence running northwesterly a distance of approximately one hundred fifty (150) feet to a
2
point on the north line of said Lot thirty four (34), which point is approximately fourteen (14) feet
west of the northeast corner of said Lot thirty four (34).
AND
Lot forty eight (48) of Auditor's Subdivision Number 1, Village of Rosemount, according to the plat
thereof now on file and of record in the office of the Register of Deeds in and for said County and
State, said sanitary sewer to be laid at a depth of approximately ten (10) feet below ground level, with
its center line being described as follows: Beginning at a point on the south line of that part of said
Lot forty eight (48) lying between Lots fifty (50) and fifty one (51) of said Auditor's Subdivision
Number 1, which point is approximately twelve (12) feet east of the northwest corner of Lot fifty
one (51), thence running northwesterly a distance of approximately fifty five (55) feet to a point on
the north line of said Lot forty eight (48), which point is approximately eleven (11) feet east of the
southwest corner of said Lot fifty (50).
AND
Lot forty nine (49) of Auditor's Subdivision Number 1, Village of Rosemount, according to the plat
thereof now on file and of record in the office of the Register of Deeds in and for said County and
State, said sanitary sewer to be laid at a depth of approximately ten (10) feet below ground level, with
its center line being described as follows: Beginning at a point on the south line of said Lot forty
nine (49), which point is approximately eleven feet east of the southwest corner of said Lot forty
nine (49), thence running northwesterly a distance of approximately twenty seven and one half (27
1/2 ) feet to a point on the north line of said Lot forty nine (49), which point is approximately ten
(10) feet east of the northwest corner of said Lot forty nine (49).
AND
Lot fifty (50) of Auditor's Subdivision Number 1, Village of Rosemount, said sanitary sewer to be
laid at a depth of approximately ten (10) feet below ground level, with its center line being described
as follows: Beginning at a point on the south line of said Lot fifty (50), which point is approximately
eleven (11) feet east of the southwest corner of said Lot fifty (50), thence running northwesterly a
distance of approximately twenty seven and one half (27 1/2 ) feet to a point on the north line of
said Lot fifty (50), which point is approximately eleven feet east of of the northwest corner of said
Lot fifty (50) all according to the plat thereof now on file and of record in the office of the Register
of Deeds in and for said County and State.
AND
Lot fifty one (51) of Auditor's Subdivision Number 1, Village of Rosemount, according to the plat
thereof now on file and of record in the office of the Register of Deeds in and for said County and
State, said sanitary sewer to be laid at a depth of approximately ten (10) feet below ground level, with
its center line being described as follows: Beginning at a point on the south line of said Lot fifty one
(51), which point is approximately thirteen (13) feet east of the southwest corner thereof and thence
northwesterly a distance of approximately fifty five (55) feet to a point on the north line of said Lot
fifty one (51), which point is approximately twelve (12) feet east of of the northwest corner thereof.
AND
3
Lots fifty two and fifty three (52 & 53) of Auditor's Subdivision Number 1, Village of Rosemount,
according to the plat thereof now on file and of record in the office of the Register of Deeds in and
for said County and State, said sanitary sewer to be laid at a depth of approximately ten (10) feet
below ground level, with its center line being described as follows: Beginning at a point on the north
line of said Lot fifty two (52), which point is approximately thirteen (13) feet east of the northwest
corner thereof and thence southeasterly a distance of approximately seventy (70) feet to a point on
the south line of said Lot fifty three (53), which point is approximately fourteen (14) feet east of of
the southwest corner of said Lot fifty three (53).
AND
Lot fifty four (54) of Auditor's Subdivision Number 1, Village of Rosemount, according to the plat
thereof now on file and of record in the office of the Register of Deeds in and for said County and
State, said sanitary sewer to be laid at a depth of approximately ten (10) feet below ground level, with
its center line being described as follows: Beginning at a point on the north line of said Lot fifty four
(54), which point is approximately fourteen (14) feet east of the northwest corner of said Lot fifty
four (54), and thence running south a distance of approximately thirty (30) feet, parallel to and
approximately fifteen (15) feet east of the west line of said Lot fifty four (54) to termination at a
manhole.
subject to the recording of the Final Plat of THE MORRISON.
ADOPTED this 2nd day of June 2020, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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 30th day of April, 2020
______________________________________________
Rory L. Synstelien Minnesota License No. 44565 Project No. 19336 SHEET 1 OF 1
200100
SCALE IN FEET
0 4931 W. 35TH ST. SUITE 200
ST. LOUIS PARK, MN 55416
CivilSiteGroup.com
EASEMENT VACATION DESCRIPTION LOT 34
Sanitary Sewer Easement as created in document dated March 3, 1955, filed March 10, 1955, in
Book 253 of Deeds., page 61, Office of the County Recorder, Dakota County, Minnesota. Said
Easement being described as follows:
Lot thirty four (34) of Auditor's Subdivision Number 1, Village of Rosemount, according to the
plat thereof now on file and of record in the office of the Register of Deeds in and for said
County and State, said sanitary sewer to be laid at a depth of approximately ten (10) feet
below ground level, with its center line being described as follows: Beginning at a point on
the south line of said Lot thirty four (34), which point is approximately ten (10) feet west of
of the southeast corner of said Lot thirty four (34), thence running northwesterly a distance
of approximately one hundred fifty (150) feet to a point on the north line of said Lot thirty
four (34), which point is approximately fourteen (14) feet west of of the northeast corner of
said Lot thirty four (34).
EASEMENT VACATION DESCRIPTION LOT 48
Sanitary Sewer Easement as created in document dated February 7, 1955, filed March 10, 1955,
in Book 64 of M.R., page 296, Office of the County Recorder, Dakota County, Minnesota. Said
Easement being described as follows:
Lot forty eight (48) of Auditor's Subdivision Number 1, Village of Rosemount, according to
the plat thereof now on file and of record in the office of the Register of Deeds in and for said
County and State, said sanitary sewer to be laid at a depth of approximately ten (10) feet
below ground level, with its center line being described as follows: Beginning at a point on
the south line of that part of said Lot forty eight (48) lying between Lots fifty (50) and fifty
one (51) of said Auditor's Subdivision Number 1, which point is approximately twelve (12)
feet east of the northwest corner of Lot fifty one (51), thence running northwesterly a
distance of approximately fifty five (55) feet to a point on the north line of said Lot forty
eight (48), which point is approximately eleven (11) feet east of of the southwest corner of
said Lot fifty (50).
EASEMENT VACATION DESCRIPTION LOT 49
Sanitary Sewer Easement as created in document dated March 3, 1955, filed March 10, 1955, in
Book 64 of M.R., page 298, Office of the County Recorder, Dakota County, Minnesota. Said
Easement being described as follows:
Lot forty nine (49) of Auditor's Subdivision Number 1, Village of Rosemount, according to the
plat thereof now on file and of record in the office of the Register of Deeds in and for said
County and State, said sanitary sewer to be laid at a depth of approximately ten (10) feet
below ground level, with its center line being described as follows: Beginning at a point on
the south line of said Lot forty nine (49), which point is approximately eleven feet east of the
southwest corner of said Lot forty nine (49), thence running northwesterly a distance of
approximately twenty seven and one half (27 1
2 ) feet to a point on the north line of said Lot
forty nine (49), which point is approximately ten (10) feet east of of the northwest corner of
said Lot forty nine (49).
EASEMENT VACATION DESCRIPTION LOT 50
Sanitary Sewer Easement as created in document dated March 3, 1955, filed March 10, 1955, in
Book 253 of Deeds, page 60, Office of the County Recorder, Dakota County, Minnesota. Said
Easement being described as follows:
Lot fifty (50) of Auditor's Subdivision Number 1, Village of Rosemount, said sanitary sewer to
be laid at a depth of approximately ten (10) feet below ground level, with its center line
being described as follows: Beginning at a point on the south line of said Lot fifty (50), which
point is approximately eleven (11) feet east of the southwest corner of said Lot fifty (50),
thence running northwesterly a distance of approximately twenty seven and one half (27 1
2 )
feet to a point on the north line of said Lot fifty (50), which point is approximately eleven
feet east of of the northwest corner of said Lot fifty (50) all according to the plat thereof now
on file and of record in the office of the Register of Deeds in and for said County and State.
EASEMENT VACATION DESCRIPTION LOT 51
Sanitary Sewer Easement as created in document dated March 3, 1955, filed March 10, 1955, in
Book 64 of M.R., page 295, Office of the County Recorder, Dakota County, Minnesota. Said
Easement being described as follows:
Lot fifty one (51) of Auditor's Subdivision Number 1, Village of Rosemount, according to the
plat thereof now on file and of record in the office of the Register of Deeds in and for said
County and State, said sanitary sewer to be laid at a depth of approximately ten (10) feet
below ground level, with its center line being described as follows: Beginning at a point on
the south line of said Lot fifty one (51), which point is approximately thirteen (13) feet east
of the southwest corner thereof and thence northwesterly a distance of approximately fifty
five (55) feet to a point on the north line of said Lot fifty one (51), which point is
approximately twelve (12) feet east of of the northwest corner thereof.
Drawn By:TH
EASEMENT VACATION DESCRIPTION LOTS 52 AND 53
Sanitary Sewer Easement as created in document dated November 1, 1954, filed March
10, 1955, in Book 64 of M.R., page 294, Office of the County Recorder, Dakota County,
Minnesota. Said Easement being described as follows:
Lots fifty two and fifty three (52 & 53) of Auditor's Subdivision Number 1, Village of
Rosemount, according to the plat thereof now on file and of record in the office of the
Register of Deeds in and for said County and State, said sanitary sewer to be laid at a
depth of approximately ten (10) feet below ground level, with its center line being
described as follows: Beginning at a point on the north line of said Lot fifty two (52),
which point is approximately thirteen (13) feet east of the northwest corner thereof and
thence southeasterly a distance of approximately seventy (70) feet to a point on the
south line of said Lot fifty three (53), which point is approximately fourteen (14) feet
east of of the southwest corner of said Lot fifty three (53).
EASEMENT VACATION DESCRIPTION LOT 54
Sanitary Sewer Easement as created in document dated March 3, 1955, filed March 10,
1955, in Book 253 of Deeds, page 59, as Document No. 235803, Office of the County
Recorder, Dakota County, Minnesota. Said Easement being described as follows:
Lot fifty four (54) of Auditor's Subdivision Number 1, Village of Rosemount, according
to the plat thereof now on file and of record in the office of the Register of Deeds in and
for said County and State, said sanitary sewer to be laid at a depth of approximately
ten (10) feet below ground level, with its center line being described as follows:
Beginning at a point on the north line of said Lot fifty four (54), which point is
approximately fourteen (14) feet east of the northwest corner of said Lot fifty four (54),
and thence running south a distance of approximately thirty (30) feet, parallel to and
approximately fifteen (15) feet east of the west line of said Lot fifty four (54) to
termination at a manhole.
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 30th day of April, 2020
______________________________________________
Rory L. Synstelien Minnesota License No. 44565 Project No. 19336 SHEET 1 OF 1
10050
SCALE IN FEET
0 4931 W. 35TH ST. SUITE 200
ST. LOUIS PARK, MN 55416
CivilSiteGroup.com
EXISTING EASEMENT DESCRIPTION
Easements for utility purposes as reserved in Warranty Deed dated August 15, 1986, filed August 18, 1986, as Document No. 738332, Office of the County
Recorder, Dakota County, Minnesota. Said Easements being described as follows:
The north 40.00 feet of the west 23.00 feet of Lot 54, Auditor's Subdivision No. 1, Rosemount, according to the recorded plat thereof. Said distances being
measured along and parallel with the west and north lines of said Lot 54.
AND
The south 7.50 feet of the east 125.00 feet of Lot 54, Auditor's Subdivision No. 1, Rosemount, according to the recorded plat thereof. Said distances being
measured along and parallel with the south and east lines of said Lot 54.
AND
The east 125.00 feet of Lot 55, Auditor's Subdivision No. 1, Rosemount, according to the recorded plat thereof, except the south 52.50 feet thereof. Said
distances being measured along and parallel with the north and east lines of said Lot 55.
AND
The west 20.00 feet of the east 48.00 feet of the south 44.00 feet of Lot 54, Auditor's Subdivision No. 1, Rosemount, according to the recorded plat thereof.
Said distances being measured along and parallel with the south and east lines of said Lot 54.
Drawn By:TH
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 55,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 55Found 1/2 InchOpen Iron PipeFound 1/2 InchIron Pipe w/CapNo. 8625(Plat=110.00)(Plat=300.00)LOT 1BLOCK 1S89°24'30"W33.01SE Corner of the
SW 1/4 of Sec. 29,
Twp. 115, Rng. 19
(Dakota County Cast Iron
Monument)
2098.38
N00°38'51"E
63.0039.00
East Line of Lot 54, AUDITOR'S
SUBDIVISION NO. 1 San. Sewer Easementper Book 64 of M.R., Page 297S00°38'51"W 130.83
Drainage & Utility Easement74.704.00S00°39'02"WS89°24'30"W 75.0275.024.00N00°39'02"EDrainage & Utility
Easement
61.00
THE MORRISONKNOW ALL PERSONS BY THESE PRESENTS: That The Morrison Partners, LLC, a Minnesota limited liability company, fee owner of the following described property: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, according to the recordedplat thereof.ANDLot 50 (50), AUDTIOR'S SUBDIVISION NO. 1, Rosemount. according to the plat thereof now on file and of record in the office of the Register of Deeds within and for said Dakota County, Minnesota.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. Synstelien, 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 PLANNING COMMISSION, CITY OF ROSEMOUNT, STATE OF MINNESOTABe it known that a meeting held on this day of , 20, the Planning Commission of the City of Rosemount, Minnesota, did hereby approve this plat ofTHE MORRISON.By:, Chairman By: , SecretaryCITY 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 ofLot 54, AUDITOR'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 10 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 SCALE10 5510
VICINITY MAPSEC. 29 - T115 - R19DAKOTA COUNTY, MINNESOTANNOT TO SCALE