HomeMy WebLinkAbout7.a. Public Hearing for Vacation Request by Emerald Isle
EXECUTIVE SUMMARY
City Council Regular Meeting: January 19, 2020
AGENDA ITEM: Public Hearing for a Request by CNC
Development IV, LLC, for the Vacation of AGENDA SECTION: Public
a Drainage and Utility Easement over Hearing
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Outlot B, Emerald Isle 1 Addition.
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a.
ATTACHMENTS: Resolution; Chronology of Actions and
Correspondence; Memorandum for City
Attorney dated January 14, 2020; Site
APPROVED BY: LJM
Location Map; Easement Vacation
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Sketch (Emerald Isle 1 Addition);
Ponding Exhibit
RECOMMENDED ACTION: Motion to adopt a resolution approving the vacation of a
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portion of the blanket drainage and utility easement over Outlot B, Emerald Isle 1 Addition,
subject to conditions.
BACKGROUND
The Council is being asked to consider a request by CNC Development IV to vacate a blanket drainage
st
and utility easement that was dedicated over all of Outlot B of Emerald Isle 1 Addition in order to
facilitate development of the second phase of Emerald Isle. This type of request is typical when there is a
multi-phased development, and as part of the approval, new drainage and utility easements are dedicated
on the subsequent plat over the future development areas. In this case, the developer is requesting to
vacate the drainage and utility easement without dedicating a new blanket easement over Outlots A and B,
nd
Emerald Isle 2 Addition. The City does not necessarily require blanket easements although several
developers use them to permit installation of infrastructure or grading activity into portions of the project
not part of the final plat. The applicant’s attorney has indicated that the City cannot require dedication of a
blanket easement and that areas located in Outlots A & B are for future development.
This issue arose because Dakota County had contacted the developer to purchase an easement for
ponding associated with the Akron Avenue signalization project. This is a joint project with the City and
there is cost sharing involved in all parts of that project. The developer would like to be compensated for
the ponding easement and does not believe they should have to dedicate the easement to the City. The
majority of the regional ponding is located within the pond area proposed for the Emerald Isle project.
The Area outside of the illustrated ponding, is anticipated to be part of the infiltration basin, although final
designs for these ponding areas have not been completed. The platting process is how the City usually
acquires easements for infrastructure such as stormwater ponds, and this case is no different.
Staff is supportive of vacating a portion of the blanket drainage and utility easement to accommodate the
development of the second phase of Emerald Isle. However; the vacation is conditioned on removal of
the areas designated for local and regional on-site ponding, which will remain within the existing drainage
and utility easement. Legal descriptions of those areas will be necessary and are subject to staff approval.
This requirement is included in the conditions of approval contained in the attached resolution.
Additionally, the applicant has requested the City install the entirety of the trunk storm sewer, to the
nd
eastern border of the site. Much of this area is outside of the developing 2 Addition area and a public
drainage and utility easement will also need to be maintained. Therefore, the easement area needed for the
storm sewer infrastructure should also be excluded from the vacation request with appropriate
descriptions created.
The City Attorney has drafted a memorandum responding to the comments contained within the attached
letter from the Applicant’s attorney dated January 12, 2021. It is the City Attorney’s opinion that the
vacation of the blanket area addresses CNC’s concerns that the easement created a “cloud on title”.
Further, “the City’s (and County’s) anticipated uses of the preserved dedicated areas are not only
consistent with the purpose and scope of a drainage and utility easement, but are tied to the stormwater
drainage and ponding needs within the approved Master Development Plan area, and are thus within the
City’s statutory authority to require dedication of such areas.”
Finally, the City Attorney is of the opinion that the Developer’s objection that the plat condition for
preserving the dedication of the drainage and utility easement for ponding purposes is premature, appears
inconsistent with the Developer’s request for extension of the storm sewer to accommodate future
development needs. The City Attorney’s most recent memorandum is included in the attachments along
with a chronology of Emerald Isle approvals and correspondence relating to this issue. The same
information is also provided in the final plat request.
RECOMMENDATION
Staff is supportive of vacating a portion of the blanket drainage and utility easement over Outlots A and B,
st
Emerald Isle 1 Addition to accommodate development of the second phase of Emerald Isle. Because the
applicant has indicated they do not want to dedicate a new easement over any of the stormwater ponding
areas within Outlots A & B, staff is recommending approval of the vacation request subject to the
condition that the areas needed for onsite and regional ponding as well as the extension of the storm sewer
be excluded from the vacated area. Staff will obtain updated legal descriptions for those areas to be
excluded from the vacation prior to release of the resolution.
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021- 09
A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE BLANKET
DRAINAGE AND UTILITY EASEMENT OVER OUTLOT B, EMERALD ISLE 1st ADDITION
WHEREAS, the City of Rosemount received an application from CNC Development IV, LLC, 3000
County Road 42 West, Burnsville, MN (Applicant) for the Final Plat of Emerald Isle 2nd Addition; and
WHEREAS, on January 19, 2021, the City of Rosemount City Council reviewed and approved the Final
Plat for Emerald Isle 2nd Addition; and
WHEREAS, a blanket drainage and utility easement was dedicated to the City over all of Outlot B in the
plat of Emerald Isle 1st Addition, which was filed and is of record with the County; and
WHEREAS, the entirety of Outlot B of Emerald Isle 1st Addition is being replatted as part of Emerald Isle
2nd Addition; and
WHEREAS, the Applicant subsequently requested that the City vacate the entirety of the blanket drainage
and utility easement over Outlot B, Emerald Isle 1st Addition in order to facilitate development of the
second addition of Emerald Isle; and
WHEREAS, the City has determined that vacation of a portion of the existing blanket drainage and utility
easement over Outlot B is reasonable and in the public interest; and
WHEREAS, the City required the vacation of a portion of the existing blanket drainage and utility
easement over Outlot B as a condition of its approval of the Emerald Isle 2nd Addition plat; and
WHEREAS, the City Council conducted a public hearing on the vacation on January 19, 2021.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the
vacation of a portion of the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition,
subject to the following:
1.The areas over Outlot B needed by the City for onsite and regional stormwater ponding and for
the extension of the storm sewer to the eastern boundary of Outlot B shall be excluded from the
area of the easement that is being vacated and shall be preserved as part of the existing drainage
and utility easement.
2.City staff is authorized and directed to obtain an updated legal description for the vacated area
of Outlot B. City staff is also authorized and directed to obtain an updated legal description for
the areas of the easement over Outlot B that are being preserved for onsite and regional
stormwater ponding and the extension of the storm sewer to the eastern boundary of Outlot B.
City staff is authorized to work with the City Attorney to effectuate the vacation, including, but
not limited to, attaching the applicable legal descriptions of the vacated area and the areas being
preserved to this Resolution.
ADOPTED this 19th day of January 2021, by the City Council of the City of Rosemount.
RESOLUTION 2010 -
2
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
Chronology of Approvals and Correspondence, Including Meeting Minutes
February 26, 2020 The Rosemount Planning Commission reviews and recommends approval
of the Planned Unit Development Master Development Plan with
Rezoning, Preliminary Plat, and Comprehensive Plan Amendment for
Emerald Isle
May 19, 2020 The City Council approves the Planned Unit Development Master
Development Plan with Rezoning, Preliminary Plat, and Comprehensive
Plan Amendment for Emerald Isle.
August 25, 2020 The Rosemount Planning Commission reviews and finds the final plat for
Emerald Isle 1st Addition consistent with the preliminary plat and
recommends approval.
September 15, 2020 Th City Council approves the final plat of Emerald Isle 1st Addition
including the dedication of a blanket drainage and utility easement over
Outlot B.
September 30, 2020 Applicant’s attorney sends letter to the City and County objecting to the
blanket drainage and utility easement over Outlot B, Emerald Isle 1st
Addition.
October 6, 2020 Applicant records plat of Emerald Isle 1st Addition dedicating a blanket
drainage and utility easement over Outlot B, Emerald Isle 1st Addition.
November 13, 2020 Applications are submitted for the final plat of Emerald Isle 2nd Addition
and vacation of the blanket drainage and utility easement.
December 11, 2020 Applicant’s attorney sends letter to the City objecting to the blanket
drainage and utility easement over Outlot B.
December 14, 2020 Rosemount Planning Commission finds the final plat for Emerald Isle 2nd
Addition consistent with the preliminary plat and recommends approval.
January 12, 2020 Applicant and applicant’s attorney send letters to the City objecting to the
blanket drainage and utility easement over Outlot B, Emerald Isle 1st
Addition.
January 14, 2020 Memorandum from City Attorney in response to letter from applicant’s
attorney.
EXCERPT FROM FEBRUARY 26, 2020 PLANNING COMMISSION MEETING MINUTES
5.b. Request by CNC Development IV, LLC., for Planned Unit Development Master Development Plan with
Rezoning, Preliminary Plat, and Comprehensive Guide Plan Amendment Approval to develop 151 single-family lots.
(20-09-PUD, 20-10-PP, 20-11-RZ, 20-12-CP))
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Kenninger inquired about the proposed land use change map and if Flint Hills has first right of refusal adjacent to the
subject property. Nemcek stated that is correct. Kenninger stated that the left over commercial, east of the site, would be
effectively abandoned.
Schmisek stated that he has a concern about losing any commercial property but thought that little piece would be cut
off. Another concern is that of the additional traffic on Connemara Trail. Schmisek inquired if there are any talks about
changing the intersection at Connemara and Akron, such as a round-about or a signal light. Lindquist stated signal lights
will be installed at Akron and County Road 42 but none are proposed at Connemara.
Reed inquired about the flow of the sidewalks on Connemara Trail. Engineer Smith stated that the trail and sidewalk
along Connemara Trail will be extended into this subdivision and that Dakota County will be installing an underpass
under County Highway 42 so that pedestrians will have a safer place to cross the highway in this area.
The public hearing opened at 6:58 pm.
Public Comments:
Kenninger inquired how the new single-family home owners will be notified that an apartment building is also planned
to be built near their new homes.
Rick Osberg, Engineer, James R. Hill, Inc., stated that they have been working with staff to get to today’s plan. The
property owners do not have an interested party to build the apartment currently. Besides the fact that the property is
guided for high density there isn’t much information to give to a potential buyer.
Rivera questioned if the stub road would be a future through road. Nemcek stated that is correct.
MOTION by Rivera to close the public hearing.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 7:03 pm.
Additional Comments:
Kenninger stated that her biggest concern was with changing the zoning of this area. But also agrees that this is a great
use of the land. She would like to ensure that the 151 new homeowners are aware that there will be a future apartment
building on the property next to this site. She requested that be added as a condition of approval.
Reed stated that since having the trail system continue through Connemara Trail he is in favor.
Schmisek inquired if there will be access from the development to Connemara Trail. Nemcek stated that from the
commercial there will be one access point onto Connemara Trail.
MOTION by Freeman to recommend that the City Council approve a Comprehensive Guide Plan
amendment to reguide 20 acres of the development site from MDR-Medium Density Residential to LDR-Low
Density Residential and the southeast 10 acres of the site from CC-Community Commercial to HDR-High
Density Residential.
Second by Reed.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by Schmisek to recommend the City Council approve the Preliminary Plat for Emerald Isle, subject
to the following conditions:
a. Approval of a Planned Unit Development Master Development Plan with Rezoning.
b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR.
c. Conformance with all the requirements of the City Engineer as detailed in the attached memorandum
dated February 26, 2020.
d. Payment of $513,400 as cash-in-lieu of park dedication.
Second by Freeman.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by Rivera to recommend approval of the Planned Unit Development Master Development Plan
with rezoning of the property for AG-Agriculture to R1 PUD-Low Density Residential Planned Unit
Development and R4 PUD-High Density Residential Planned Unit Development, subject to the following
conditions:
a. Execution of a PUD Agreement.
b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR.
c. The front building elevation design shall include one of the following elements:
i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the
wall behind the front porch;
ii. A front porch with railing that extends at least 30% of the width of the front elevation,
including the garage;
iii. A side entry garage;
iv. Or, no more than 70% lap siding, excluding doors and windows.
d. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to
8,125 square feet and corner lot minimum area from 12,000 to 10,625 square feet.
e. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width from eighty (80)
feet to sixty-five (65) feet for interior lots and from ninety (90) feet to eighty-five (85) feet for corner
lots.
f. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback from ten (10) feet to
seven and one half (7.5) feet except in areas where existence of larger drainage and utility easements
require additional setbacks.
g. A deviation from City Code Section 11-4-5 F.6. to reduce the rear yard setback thirty (30) feet to
twenty-five (25) feet.
h. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage from thirty
percent (30%) to thirty-five percent (35%) lots more than 9,750 square feet in area.
i. Incorporation of the recommendations from the City Engineer in a review memorandum dated
February 26, 2020, relative to drainage, grading, street design, easements, utilities, and the adjacent
sidewalks.
j. A temporary cul-de-sac shall be constructed at the stub of Street D.
k. Subdivision monuments shall be subject to sign permits and normal zoning standards.
l. The applicant shall receive approval from the Metropolitan Council for any connection to the Met
Council sanitary interceptor line.
m. Payment of a landscape surety in the amount of $97,020.
n. The applicant must receive final site and building plan approval for the R-4 High Density residential
portion of the project.
o. The developer post a sign on the multi-family site indicating that the property is a future apartment
building site.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
EXCERPT FROM THE AUGUST 25, 2020, PLANNING COMMISSION MEETING MINUTES
Consent Agenda:
a. Approval of the July 28, 2020, Regular Meeting Minutes.
b. Continuance of the Request by KJ Walk, Inc. for Comprehensive Plan Amendment, Rezoning, Planned Unit
Development and Final Site and Building Plan, and Preliminary and Final Plat Approval (Simple Plat)
associated with the Rosewood Commons hotel and senior living mixed use. (20-30-PUD, 20-35-SP, 20-36-RZ,
20-37-CP)
c. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition. (20-40-FP)
No items were pulled for discussion. Chair Kenninger confirmed that any public comment received on the KJ
Walk project at the prior meeting would be included in the packet for the subsequent meeting.
MOTION by VanderWiel
Second by Schmisek
Ayes: 7. Nays: 0.
September 30, 2020
Greta L. Bjerkness
Assistant County Attorney
Dakota County Judicial Center
1560 Highway 55
Hastings, Minnesota 55033
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
VIA EMAIL
greta.bjerkness@co.dakota.mn.us
kim.lindquist@ci.rosemount.mn.us
Re: Emerald Isle 1st Addition
Dear Ms. Bjerkness and Ms. Lindquist:
We represent CNC Development IV, LLC (“CNC”) with regard to the first addition plat of
Emerald Isle. Specifically, we are writing to object to the City of Rosemount’s (“City”)
unlawful imposition of a blanket drainage and utility easement (“DUE”) over Outlot B of that
plat. We further object to Dakota County’s (“County”) purported intention to site a stormwater
facility on a portion of Outlot B as part of Dakota County Project 42-156 without the express
written consent of the landowner and payment of fair market value for the encumbered property.
Taken together, absent consent and compensation to the landowner, we believe the actions of the
City and County constitute an unlawful taking of land without just compensation.
We understand the City required that CNC include a blanket DUE over Outlot B with the final
plat for Emerald Isle 1st Addition. We are unaware of any legal justification for the City’s
requirement, inasmuch as the City characterizes this action as a placeholder pending further
platting involving such outlot. Moreover, to my knowledge, no use of an outlot is permitted
under City regulations until such time as it is platted and permitted for an authorized use. No
application has been filed by CNC to replat Outlot B. Therefore, the required DUE is, in our
opinion, unauthorized and an unnecessary cloud on title.
Separately, we understand that the County, on approximately July 14, 2020, proposed in writing
to purchase for $55,000 temporary and permanent easements from the then owners of what is
now referred to as Emerald Isle, for the construction of the referenced stormwater facility. The
ownership of the property has since been conveyed to CNC on approximately September 8,
Greta L. Bjerkness
Kim Lindquist
September 24, 2020
Page 2
2020. Thus, CNC stands in the shoes of the former landowners to whom the County’s written
offer was made. Subsequently, the County, by letter dated September 22, 2020, withdrew its
written offer, stating its intention to pursue the necessary easements through “the platting
process.” We understand this to mean that the City and/or the County intend to compel the
conveyance of the required stormwater easements as a condition of plat approval relating to
Outlot B.
On behalf of the owners of Emerald Isle, we respectfully demand that neither the City nor the
County take any action to site a stormwater facility on CNC’s property without prior agreement
of CNC and payment of fair market value. If you wish to discuss this letter, please do not
hesitate to call me.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: Mary Tietjen, Esq.
4843-0462-4077, v. 1
December 11, 2020
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Mary D. Tietjen, Esq.
Kennedy & Graven, Chartered
Fifth Street Tower
150 South Fifth Street, Ste. 799
Minneapolis, MN 55402
BY EMAIL
Re: Emerald Isle 2nd Addition
Dear Ms. Lindquist and Ms. Tietjen:
We represent CNC Development IV, LLC with respect to its Emerald Isle development in the
City of Rosemount (the “City”). Previously, we wrote to the City and Dakota County with
regard to the City’s unlawful imposition of a blanket easement condition on the plat of Emerald
Isle 1st Addition, Outlot B. At the time, CNC Development objected to the City’s demand for
the easement, which has the effect of clouding title to any future sale or use of the property
without affirmative City action to remove the easement. As a consequence of the City demand,
Dakota County withdrew a then-pending offer to purchase land within the area encompassed by
Outlot B for use as a future stormwater pond, stating that the City’s imposition of an easement
over the outlot negated the need to purchase it from CNC. The action of the City, in tandem with
Dakota County, effects a taking without payment of just compensation to CNC Development.
CNC Development has now submitted its application for Emerald Isle 2nd Addition, which
proposes to remove the unlawful easement over a reconfigured Outlot B. At the City’s request,
Outlot B was sized to allow a multi-family project to be pursued at some future point in time.
We understand the City is again insisting that Outlot B be encumbered with a new blanket
easement notwithstanding no use of Outlot B is currently planned for it. We restate our
objection to this proposed condition of platting.
Minnesota law provides specific authority for the City to review and approve proposed plats to
address specific uses and requirements associated with active development. Minnesota law does
not allow the City to unilaterally impose easement conditions on property that is not being
reviewed for an active use. We understand City staff has confirmed it has no requirement in its
Kim Lindquist
Mary D. Tietjen, Esq.
December 11, 2020
Page 2
subdivision ordinance to support its easement condition, even if state law were to allow it.
Rather staff asserts it is City policy to make this demand over property which the County has
conveniently identified for use as a pond. The City’s and County’s coordinated effort to take
valuable property without payment of just compensation is improper and should be rejected
when the plat application for Emerald Isle 2nd Addition advances through the City approval
process.
Please include this letter in the record of proceedings relating to Emerald Isle. If you have
questions, please feel free to call me directly.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: CNC Development IV, LLC
Rosemount Mayor and City Council
4836-6369-2500, v. 1
EXCERPT FROM THE DECEMBER 14, 2020 PLANNING COMMISSION MEETING MINUTES
6.a. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 2nd Addition (20-59-FP)
Planner Nemcek gave a summary of the staff report for the Planning Commission.
Rick Osberg, James R. Hill Inc., 2999 County Road 42 West, Burnsville, stated that they contest the southern drainage
and utility easement being requested along Akron Avenue. He indicated this is not needed for the 2nd Addition currently
before the City.
Bill Ryan, CNC Development, stated that Dakota County had offered him money when they needed the additional
ponding and now, they’ve changed their mind. Mr. Ryan stated that he would like to be fairly compensated.
Staff indicated that obtaining the ponding easement is similar to obtaining other easements necessary for regional
development like obtaining easements for Autumn Path. The issue raised by the applicant has been discussed with the
City Attorney who is comfortable with the city’s request. The item will be addressed when the application and requested
vacation go before the City Council; however, staff wanted to allow the applicant an opportunity to get their concerns
on record.
MOTION by Reed to recommend that the City Council approve the Final Plat for Emerald Isle subject to the
following conditions:
1. Execution of a Subdivision Agreement.
2. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be
required to include gates to provide truck access; shall prohibit sheds or other accessory structures;
and shall prohibit landscaping that would impede drainage.
3. The final plat shall include all easements as requested by City.
4. Provision of $39,270 for landscaping surety.
5. Payment of $193,800 for Fee-In-Lieu of Park Dedication.
6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
December 7, 2020.
7. A drainage and utility easement shall be dedicated over all required regional and site ponding areas,
including the southern area of Outlot B and the pond south of Connemara Trail.
8. Final approval of the Comprehensive Plan Amendment by the Metropolitan Council.
Second by Marlow.
Ayes: 6. Nays: 0. Motion Passes.
January 12, 2021
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Mary D. Tietjen
Kennedy & Graven, Chartered
Fifth Street Tower
150 South Fifth Street, Ste. 799
Minneapolis, MN 55402
Greta Bjerkness
Assistant Dakota County Attorney
1560 Highway 55
Hastings, MN 55033
BY EMAIL
Re: Emerald Isle 2nd Addition
Dear Ms. Lindquist, Ms. Tietjen and Ms. Bjerkness:
We represent CNC Development IV, LLC with respect to its Emerald Isle development in the
City of Rosemount (the “City”). We previously wrote to the City and Dakota County with
regard to the City’s and County’s unlawful imposition of a blanket easement on the final plat of
Emerald Isle 1st Addition, Outlot B. The action of the City, in tandem with Dakota County,
effects a taking without payment of just compensation to CNC Development.
CNC Development has now submitted its application for Emerald Isle 2nd Addition, which
proposes to remove the unlawful easement over a reconfigured Outlot B. We understand the
City and County are, again, insisting that Outlot B be encumbered with a new storm water
ponding easement notwithstanding no use of Outlot B is currently planned for it as part of the
pending 2nd Addition plat. We restate our objection to this proposed condition of platting.
The City’s and County’s coordinated effort to take valuable property from CNC Development
without payment of just compensation is improper and should be rejected when the plat
application for Emerald Isle 2nd Addition advances through the City approval process. Instead,
we request the City and County support the approval of the 2nd Addition without any public
easement condition on Outlot B.
Kim Lindquist
Mary D. Tietjen, Esq.
Greta Bjerkness, Esq.
January 12, 2021
Page 2
Please include this letter in the record of proceedings relating to Emerald Isle. If you have
questions, please feel free to call me directly.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: CNC Development IV, LLC
Rosemount Mayor and City Council
4836-6369-2500, v. 3
Kennedy Mary D. Tietjen
150 South Fifth Street, Suite 700
Minneapolis MN 55402
&
Graven (612) 337-9277 telephone
(612) 337-9310 fax
mtietjen@kennedy-graven.com
http://www.kennedy-graven.com
C H A R T E R E D
MEMORANDUM
To: Rosemount Mayor and City Council
From: Mary Tietjen, city attorney
Re: Emerald Isle 2nd Addition
Date: January 14, 2021
I have reviewed the letters submitted by Peter Coyle, attorney for CNC Development IV, LLC,
objecting to certain conditions of the final plat approval for Emerald Isle 2nd Addition. Mr. Coyle also
sent a letter dated September 30, 2020, to staff and myself objecting to the dedication of the blanket
drainage and utility easement over Outlot B of the Emerald Isle 1st Addition plat. These objections
were presented, notwithstanding the fact that the plat has since been filed with the County and the
easement is currently in place.
As is clear from the agenda for the meeting on January 19th, 2021, City staff is recommending the
Council grant CNC’s request to vacate the blanket easement, but preserve those areas that will be
needed for all (project and regional) stormwater ponding purposes within the approved Master
Development Plan area. Vacation of the blanket area addresses CNC’s concerns that the easement
created a “cloud on title”. The City’s (and County’s) anticipated uses of the preserved dedicated areas
are not only consistent with the purpose and scope of a drainage and utility easement, but are tied to
the stormwater drainage and ponding needs within the approved Master Development Plan area, and
are thus within the City’s statutory authority to require dedication of such areas. In addition, it is
expected that the Developer will be utilizing the proposed dedicated drainage and utility easement for
an infiltration pond as part of future phases of development. The Developer’s objection that the plat
condition for preserving the dedication of the drainage and utility easement for ponding purposes is
premature, appears inconsistent with the Developer’s request for extension of the storm sewer to
accommodate future development needs.
All those drainage and utility easements, originally dedicated on the
recorded plat of EMERLAD ISLE, Dakota County, Minnesota, and now
to be vacated, which lie within Outlot B, said plat.
EASEMENT VACATION
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 Professional Land Surveyor under the laws of the
State of Minnesota.
Signed this 17th day of November, 2020
For: James R. Hill, Inc.
By:
Marcus F. Hampton, Land Surveyor, MN License No. 47481
SKETCH & DESCRIPTION
FOR: CNC DEVELOPMENT
2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306
PHONE: 952.890.6044 www.jrhinc.com
PLANNERS / ENGINEERS / SURVEYORSDRAWN BYDATEREVISIONSPLM11/17/2020CAD FILEPROJECT NO.PAGE 1 OF 223388-vac.dwg23388
EASEMENT
VACATION
SKETCH & DESCRIPTION
FOR: CNC DEVELOPMENT
Page 2 of 2 James R. Hill, Inc.
Scale: 1"=300'PROJECT NO. 23388-vac