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HomeMy WebLinkAbout7.a. Request by RM21 CRE Partners LLC for the vacation of a drainage and utility easement within the property located at 14805 South Robert Trail EXECUTIVE SUMMARY City Council Regular Meeting: December 21, 2021 AGENDA ITEM: Request by RM21 CRE Partners LLC for the vacation of a drainage and utility easement within the property located at 14805 South Robert Trail AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 7.a. ATTACHMENTS: Resolution; Site Location; Easement Location; Quit Claim Deed APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution vacating the drainage and utility easement located within the property located at 14805 South Robert Trail. BACKGROUND The City has received a request for the vacation of a drainage and utility easement over a portion of the property located at 14805 South Robert Trail and legally described as Lot 3, Block 1, Evenson First Addition. The subject parcel is the location of Master Transmission. The property is currently undergoing a change of ownership, and during the title search it was found that a drainage and utility easement is located on the site within which the existing structure stands. The current owner as well as City staff were unaware of the existence of the easement, and the County has no record of it being vacated to allow for the construction of the building on the site. No utilities such as water, sanitary sewer, or storm sewer are located within the easement area that would necessitate an easement over that area. The easement must be vacated in order to remove the encumbrance on the title created by the existing structure being located within a drainage and utility easement. RECOMMENDATION Staff is recommending approval of the vacation of the drainage and utility easement over the southern portion of the property located at 14805 South Robert Trail. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-106 A RESOLUTION APPROVING THE VACATION OF A DRAINAGE EASEMENT OVER A PORTION OF LOT 3, BLOCK 1, EVENSON FIRST ADDITION WHEREAS, the City of Rosemount received an application from RM21 CRE Partners, LLC., (Applicant) for the vacation of an easement within Lot 3, Block 1, Evenson First Addition. WHEREAS, the vacation of the existing easement is required for the sale of the property; and WHEREAS, on December 21, 2021, the City of Rosemount City Council conducted a public hearing and reviewed this request. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Drainage Easement, legally described as: An easement for drainage purposes over that part of Lot 3, Block 1, Evenson First Addition, according to the recorded plat thereof, Dakota County, Minnesota, which lies southerly of the following described line: Commencing at the South corner of said Lot 2, thence North 01 degrees 16 minutes 48 seconds East a distance of 250.00 feet to the point of beginning of line to be described, thence South 88 degrees 43 minutes 12 seconds east a distance of 98.06 feet to the East line of said Lot 2 and there terminating. ADOPTED this 21st day of December 2021, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk