HomeMy WebLinkAbout7.b. Request by Roers Rosemount Apartments, LLC for the vacation of a drainage and utility easement
EXECUTIVE SUMMARY
City Council Regular Meeting: April 4, 2023
AGENDA ITEM: Request by Roers Rosemount
Apartments, LLC for the vacation of a
drainage and utility easement
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 7.b.
ATTACHMENTS: Resolution; Site Location; Prestwick
Place 24th Addition Plat; Easement
Vacation Exhibit
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution vacating the drainage and utility
easement within Lot 1, Block 1, Prestwick Place 24th Addition.
BACKGROUND
The City Council is being asked to consider a request by the developer of a new multi-family building
northwest of the intersection of the Akron and County Road 42 for the vacation of a drainage and utility
easement that is no longer needed by the City following the removal of a storm sewer stub ahead of
construction of the building. The easement is in the western portion of the development site adjacent to
Abbeyfield Avenue. It is approximately 1,100 square feet in area.
The existing storm sewer stub is being removed as the development plans for the site have a connection to
the City’s stormwater system elsewhere, and the stub is no longer needed. An easement exhibit showing
the location and dimensions of the easement is included in the attachments. All other easements required
by the City’s engineer have been dedicated on the plat recorded with the County.
RECOMMENDATION
Staff is recommending approval of the vacation of the drainage and utility easement over a portion of Lot
1, Block 1, Prestwick Place 24th Addition.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-XX
A RESOLUTION APPROVING THE VACATION OF THE DRAINAGE AND UTILITY
EASEMENTS OVER A PORTION OF LOT 1, BLOCK 1, PRESTWICK PLACE 24TH
ADDITION
WHEREAS, the City of Rosemount received an application from Roers Rosemount, LLC (Applicant) for
the vacation of a drainage and utility easement over a portion of Lot 1, Block 1, Prestwick Place 24th
Addition;
WHEREAS, the vacation of the existing drainage and utility easement legally described below is required
for development of Lot 1 Block 1, Prestwick Place 24th Addition; and
WHEREAS, the existing easement legally described below is no longer needed; and
WHEREAS, the City Council reviewed this request and conducted a public hearing on April 4, 2023.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the
Vacation of the Drainage and Utility Easement, legally described as:
That part of the permanent easement for drainage and utility purposes over, under, across and through Lot
1, Block 1, PRESTWICK PLACE 24 TH ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota, described in the Grant of Easement filed as Doc. No. 2877378 in the Office of the
County Recorder in and for said Dakota County, as:
Commencing at the northwest corner of Outlot I, PRESTWICK PLACE; thence South 00 degrees
29 minutes 45 seconds West, assumed bearing along the west line thereof, 200.00 feet; thence South
07 degrees 08 minutes 44 seconds West, along said west line, 108.18 feet; thence South 40 degrees
40 minutes 46 seconds East, 12.14 feet to the intersection with a line parallel to and 9.00 feet easterly
of the west line of said Outlot I, said point being the point of beginning of the easement to be
hereinafter described; thence continue South 40 degrees 40 minutes 46 seconds East, 61.30 feet;
thence deflect to the right 90 degrees, 20.00 feet; thence deflect to the right 90 degrees, 43.18 feet to
said parallel line; thence North 07 degrees 08 minutes 44 seconds East, 26.99 feet to the point of
beginning,
Lying easterly of the 10.00 feet wide drainage and utility easement dedicated on said plat of PRESTWICK
PLACE 24TH ADDITION.
ADOPTED this 4th day of April 2023, by the City Council of the City of Rosemount.
__________________________________________
Jeffery D. Weisensel, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk