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HomeMy WebLinkAbout7.a. Request by CNC Development IV, LLC for the Vacation of Drainage and Utility Easements over Outlot A, Emerald Isle 2nd Addition EXECUTIVE SUMMARY City Council Regular Meeting: April 19, 2022 AGENDA ITEM: Public Hearing for a Request by CNC Development IV, LLC for the Vacation of AGENDA SECTION: Drainage and Utility Easement over Outlot A, Public Hearing Emerald Isle Second Addition PREPARED BY: Julia Hogan, Planner AGENDA NO. 7.a. ATTACHMENTS: Resolution; Site Location; Easement Vacation Sketch and Description; Emerald APPROVED BY: LJM Isle Second Addition Final Plat; Emerald Isle Third Addition Final Plat RECOMMENDED ACTION: Motion to adopt a resolution approving the vacation of the blanket drainage and utility easement over Outlot A, Emerald Isle Second Addition. BACKGROUND The Council is being asked to consider a request by CNC Development IV, LLC to vacate a blanket drainage and utility easement that was dedicated over all of Outlot A, Emerald Isle Second Addition in order to facilitate development of Emerald Isle Third Addition. This action is typical when there are multi-phased developments in a larger preliminary plat. Appropriate new drainage and utility easements will be recorded with the Emerald Isle Third Addition final plat, which was approved by nd Council at its March 22, 2022 meeting. The delay between the vacation and the original plat approval was due to an oversight that was noticed by the applicant and staff. The final plat for Emerald Isle Third Addition has been recorded with Dakota County, and all required drainage and utility easements were dedicated in that plat. RECOMMENDATION Staff recommends the Council approve the vacation of the blanket drainage and utility easements over Outlot A, Emerald Isle Second Addition. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-47 A RESOLUTION APPROVING THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT A, EMERALD ISLE 2 ND ADDITION WHEREAS, the City of Rosemount received an application from CNC Development IV, LLC (Applicant) for the Final Plat of Emerald Isle 3rd Addition; WHEREAS, on March 15, 2022, the City of Rosemount City Council reviewed and approved the Final Plat for Emerald Isle 3rd Addition; and WHEREAS, the vacation of the existing drainage and utility easements legally described below is required for development of Emerald Isle 3rd Addition; and WHEREAS, the City Council reviewed this request and conducted a public hearing on April 19, 2022. 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 those drainage and utility easements, originally dedicated on the recorded plat of EMERALD ISLE 2ND ADDITION, Dakota County, Minnesota, and now to be vacated, which lie within Outlot A, said plat. ADOPTED this 19th day of April 2022, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jessie Paque, Deputy City Clerk Site All those drainage and utility easements, originally dedicated on therecorded plat of EMERLAD ISLE 2ND ADDITION, Dakota County,Minnesota, and now to be vacated, which lie within Outlot A, said plat.EASEMENT VACATIONI hereby certify that this survey, plan or report was preparedby me or under my direct supervision and that I am a dulylicensed Professional Land Surveyor under the laws of theState of Minnesota.Signed this 16th day of March, 2022For: James R. Hill, Inc.By:Marcus F. Hampton, Land Surveyor, MN License No. 47481SKETCH & DESCRIPTION FOR: CNC DEVELOPMENTJames R. Hill, Inc.2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306PHONE: 952.890.6044 www.jrhinc.comPLANNERS / ENGINEERS / SURVEYORS'RAWN BY'ATEREVISIONSPLM3/16/2022CA' )ILEPRO-ECT NO.PAGE 1 O) 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 BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limitedliability company, owner of the following described property:Outlot B, EMERALD ISLE, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 2ND ADDITION and does herebydedicate to the public for public use the public ways and the drainage and utility easements ascreated on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, hascaused these presents to be signed by its proper officer this day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20,by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my directsupervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been, or will be correctly setwithin one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all publicways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton. County, Printed NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of, 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 2ND ADDITION was approved and accepted by the City Council of the Cityof Rosemount, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03,Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat hasbeen reviewed and approved this day of , 20 .By: Todd B. Tollefson, Dakota County SurveyorCOUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the _____ day of __________, 20___, the Board of Commissioners ofDakota County, Minnesota, approved this plat of EMERALD ISLE 2ND ADDITION and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to theDakota County Contiguous Plat Ordinance.By: ___________________________________ Attest: ___________________________________Chair, Dakota County Board Dakota County Treasurer - AuditorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on theland hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the CountyRecorder for public record on this day of , 20 ,at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderDENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER THE DAKOTA COUNTYCONTIGUOUS PLAT ORDINANCEVICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, owner of the following describedproperty:Outlot A, EMERALD ISLE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 3RD ADDITION and does hereby dedicate to the public for public use the public ways andthe drainage and utility easements as created on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20, by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in theState of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on thisplat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined inMinnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeledon this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, MinnesotaPrinted NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of , 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 3RD ADDITION was approved and accepted by the City Council of the City of Rosemount, Minnesota at a regular meeting thereofheld this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY 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 approved this day of, 20 .By: Todd B. Tollefson, Dakota County SurveyorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Alsopursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the County Recorder for public record on this dayof , 20 , at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderVICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481 BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTED