HomeMy WebLinkAbout7.a. Vacation of a Portion of Clark Road and a Portion of a Public Right-of-Way Easement
EXECUTIVE SUMMARY
City Council Regular Meeting: May 4, 2021
AGENDA ITEM: Vacation of a Portion of Clark Road and
a Portion of a Public Right-of-Way
Easement
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a.
ATTACHMENTS: Resolution, Map APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution approving the vacation of a
portion of Clark Road and a portion of public right-of-way easement pursuant to Minnesota
Statute §412.851
BACKGROUND
Flint Hills Refinery (FHR) representatives have requested that the City turn over Clark Road in the vicinity
of the plant, just west of Highway 52. The City recognizes that the street, while public, is currently used
exclusively for access to FHR property. Flint Hills is interested in treating the road similarly to other
internal road systems, in that there would be restricted access. This would require installation of a gate or
some other type of barrier.
In 2018, the City entered into an agreement in which FHR committed to do all maintenance on the road,
including plowing and pavement maintenance. The City does have public utilities in the road and therefore
retained the right-of-way at that time due to the amount of title work and legal time that is required for a
right-of-way vacation. The currently installed utilities are for the benefit of FHR. The resolution
approving the vacation of the right-of-way leaves in place the City’s rights to the drainage and utility
easement contained within the right-of-way. The City Attorney has assisted with this process and staff is
supportive of this modification. A public hearing is required to complete the process, which will be held at
the May 4 meeting.
RECOMMENDATION
Staff recommends the Council approve the vacation of a portion of Clark Road and a portion of the
public right-of-way easement.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021- 37
A RESOLUTION APPROVING THE VACATION OF A PORTION OF CLARK ROAD
AND A PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT PURSUANT TO
MINNESOTA STATUTE §412.851.
WHEREAS, the City Council for the City of Rosemount has initiated the necessary
proceedings to vacate a portion of the existing Clark Road between 117th Street E. and 140th
Street E. all in the City of Rosemount and as legally described as follows:
All that part of Clark Road lying southerly of the north line of Section 12, Township
115 North, Range 19 West, and lying northerly of the south line of Section 24,
Township 115 North, Range 19 West TOGETHER WITH any portion of said Clark
Road that may lie in Section 18, Township 115, Range 18 and Section 19, Township
115, Range 18, all situated within Dakota County, Minnesota.
(the “Subject Road”)
WHEREAS, through these proceedings the City also seeks to vacate a portion of that
certain Easement dated December 2, 1994, and filed on October 2, 1995 as Document Number
1303752.1 (the “Easement”) limiting said vacation to only the public right-of-way portion of the
Easement and to allow the City to keep its rights to the drainage and utility rights contained
therein.
WHEREAS, pursuant to Minn. Stat. § 412.851, the City has scheduled a public hearing
to consider the proposed vacation of the Subject Road and the Easement subject to the City’s
drainage and utility rights; and
WHEREAS, notice of the public hearing was posted, published twice in the official
newspaper and mailed to the owners of other affected properties at least 10 days before the
hearing, all in accordance with law; and
WHEREAS, the City has this day held the public hearing on the proposed vacation, at
which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
described portion of the Subject Road and the Easement subject to the City’s continued drainage
and utility rights was to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount
hereby approves the vacation of that certain portion of the Subject Road as described in the
attached Exhibit A and the vacation of the Easement as described on the attached Exhibit B and
as further depicted on the attached Exhibit C, subject to the following:
1. The City shall preserve and retain all rights related to public utility installation,
grading, drainage, sloping and restoration purposes and all other purposes ancillary
thereto, and the right of the City to cut, trim, or remove from the Easement Area as
described within the Easement any improvements, trees, shrubs, or other vegetation as in
the City’s judgment interferes with the Easement or facilities of the City, its successors,
and assigns and all other drainage and utility related rights as outlined within the
Easement.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution and file a notice of this
vacation as required by law.
ADOPTED this 4th day o f May 2021, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
A-1
EXHIBIT A
Legal Description of the Vacated Subject Road
All that part of Clark Road lying southerly of the north line of Section 12, Township 115 North,
Range 19 West, and lying northerly of the south line of Section 24, Township 115 North, Range
19 West TOGETHER WITH any portion of said Clark Road that may lie in Section 18,
Township 115, Range 18 and Section 19, Township 115, Range 18, all situated within Dakota
County, Minnesota.
B-1
EXHIBIT B
Legal Description of the Vacated Easement
C-1
EXHIBIT C
Depiction of the Vacated Easement
13095
12800
12895
12730
12100
12555
12250
13005
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Clark Road