HomeMy WebLinkAbout7.a. Public Hearing for a Vacation of the Drainage and Utility Easement over Outlot C, Harmony 5th Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: August 4, 2020
AGENDA ITEM: Public Hearing for a Vacation of the
Drainage and Utility Easement over
Outlot C, Harmony 5th Addition
AGENDA SECTION:
Public Hearing
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 7.a.
ATTACHMENTS: Resolution, Site Location Map, Easement
Vacation Sketch (Harmony 5th Plat),
Harmony Parkview 2nd Addition
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Adopt a Resolution Approving the Vacation of the
Drainage and Utility Easement over Outlot C, Harmony 5th Addition
BACKGROUND
The City Council is asked to consider a request from Timbercrest, LLC (Tom Wolter) to vacate drainage
and utility easements over all of Outlot C, Harmony 5th Addition. The vacation request follows the City’s
approval of the Harmony Parkview 2nd Addition subdivision in May of 2019, which replatted Outlot C of
Harmony 5th Addition into 16 townhouse lots. Outlot C was originally planned and designed to
accommodate storm water ponding from the larger Harmony development, but the City subsequently
approved a plan to direct this storm water into the Dunmore regional system across State Highway 3.
Because the lot was used for storm water retention, Outlot C was platted with a blanket drainage and
utility easement covering the entire lot.
Typically, these types of vacation requests are processed concurrently with the City’s final plat review;
however, in this case the City did not want to vacate the easements until a project to redirect storm water
from the site commenced. The developer has since entered into all required agreements with the City to
grade and fill the outlot (and submitted all required fees and securities) and started this work several weeks
ago.
Due to the timing of the grading work and financial arrangements associated with the platting of the
property, the Harmony Parkview 2nd Addition plat has been recorded with the County. The City will
therefore be retroactively vacating the Outlot C easements from the earlier plat. All required drainage and
utility easements have been created and will remain in place with the Harmony Parkview 2nd Addition plat.
RECOMMENDATION
Staff is recommending approval of the vacation of drainage and utility easements over Outlot C, Harmony
5th Addition.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-
A RESOLUTION APPROVING THE VACATION OF THE DRAINAGE AND UTILITY
EASEMENTS OVER OUTLOT C, HARMONY 5TH ADDITION
WHEREAS, the City of Rosemount received an application from Timbercrest, LLC, 2140 County Road 42
West, Burnsville, MN (Applicant) for the Final Plat of Harmony Parkview 2nd Addition;
WHEREAS, on May 21, 2019, the City of Rosemount City Council reviewed and approved the Final Plat
for Harmony Parkview 2nd Addition; and
WHEREAS, the vacation of the existing drainage and utility easements legally described below was
required as a condition of approval of the Harmony Parkview 2nd Addition; and
WHEREAS, the City Council reviewed this request and conducted a public hearing on August 4, 2020.
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:
All drainage and utility easements lying over, under, and across OUTLOT C, HARMONY 5TH
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
ADOPTED this 4th day of August 2020, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
Easement Area