HomeMy WebLinkAboutItem 07 Date: December 21, 2020 Item No.
RESOLUTION VACATING AN EASEMENT FOR PUBLIC ROADWAY PURPOSES
AND A PUBLIC DRAINAGE AND UTILITY EASEMENT FOR
CSAH 70 IMPROVEMENTS FROM KENRICK AVENUE TO CEDAR AVENUE
Proposed Action
Staff recommends adoption of the following motion: Move to approve a Resolution Vacating an
Easement for Public Roadway Purposes and a Public Drainage and Utility Easement for County
State Aid Highway 70 Improvements from Kenrick Avenue to Cedar Avenue, City Project 20-05.
Overview
The City and County partnered to construct improvements along County State Aid Highway
(CSAH) 70 from Kenrick Avenue to Cedar Avenue to alleviate congestion, make safety
improvements and provide for increasing traffic levels; construction is underway. Improvements
include construction of a private road connection to Humboldt Road. The new access serves
property owned by Dick’s Sanitation (DMAC), Metropolitan Airports Commission (MAC) and
Boise Cascade (Boise) and will help to facilitate vehicle traffic after access modifications are
constructed at the CSAH 70 and Humboldt Road intersection.
The Developer of Clemmer Second Addition granted to the City a public roadway easement (Doc.
No. 2713933) and a public drainage and utility easement (per final plat) for the future construction
of a public roadway providing access from Humboldt Road through the DMAC parcel to
undeveloped MAC property. The City and County partnered with the adjacent businesses to
relocate the planned public street connection to the south side of the DMAC parcel. This roadway
will be privately owned and maintained by the adjacent property owners. The property owners are
preparing a Private Maintenance and Access agreement for the private roadway which is expected
to be executed within the coming months.
Primary Issues to Consider
• A Public Hearing is required. The easements to be vacated will not contain public
improvements and are no longer needed for public use.
Supporting Information
• Resolution (a 4/5th’s vote of the City Council is required)
Financial Impact: $0 Budgeted: Y☐ N☐ Source:
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Alex Jordan, Assistant City Engineer
(Reserved for Recording Data)
CITY OF LAKEVILLE,
DAKOTA COUNTY, STATE OF MINNESOTA
RESOLUTION NO. _________
A RESOLUTION VACATING AN EASEMENT
FOR ROADWAY PURPOSES AND
A PUBLIC DRAINAGE AND UTILITY EASEMENT
WHEREAS, DMAC Real Estate MGMT CO LLC has requested vacation of the Grant of
Permanent Easement for Public Roadway Purposes date January 14, 2010 and recorded with the
Dakota County Recorder on February 11, 2010, as Document No. 2713933 (“Roadway
Easement”); and
WHEREAS, DMAC Real Estate MGMT CO LLC has requested vacation of a public
drainage and utility easement which was dedicated by the recording of the Clemmer Second
Addition Plat with the Dakota County Recorder on February 11, 2010, as Document No. 2713934
and legally described as follows:
All of the drainage and utility easement, as delineated and dedicated, in CLEMMER SECOND
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, being a strip of
land 93.00 feet wide, over, under and across Lot 1, Block 1, said CLEMMER SECOND
ADDITION, lying southerly of and adjoining the following described line and its extensions:
Commencing at the most southwesterly corner of said Lot 1; thence on an assumed
bearing of North 00 degrees 27 minutes 18 seconds East along the most westerly line of
said Lot 1, a distance of 626.33 feet to an angle point and the point of beginning of the
line to be described; thence South 89 degrees 57 minutes 36 seconds East along the
southerly most north line of said Lot 1 and its easterly extension, a distance of 236.00 feet
to the southerly most east line of said Lot 1, and said line there terminating.
EXCEPTING therefrom the west 5.00 feet, the north 30.00 feet, and the east 40.00 feet, as
measured at right angles.
(“Drainage and Utility Easement”); and
WHEREAS, the City has determined that the vacation of the Permanent Easement for
Roadway Purposes does not terminate at, abut upon, and is not adjacent to any public water, and
therefore written notice of to the commissioner of natural resources is not required; and
WHEREAS, after due published, posted, and mailed notice in accordance with Minnesota
Statutes, the City Council held a public hearing on December 21, 2020 regarding the vacation of
the Roadway Easement and Drainage and Utility Easement and all interested persons were given
an opportunity to be heard; and
WHEREAS, the City Council finds that the Roadway Easement and Drainage and Utility
Easement have no apparent present or future benefit to the public, and the vacation of said
Easements is in the interest of the public because public roadways and utilities are no longer
planned to be constructed within the easement area to be vacated. A private business access road
was constructed on the south side of the subject property to provide access to adjacent properties.
The easement area to be vacated does not and will not contain public improvements therefore the
easement area does not need to be owned or maintained by the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Lakeville, Dakota County, Minnesota:
1. The Roadway Easement and Drainage and Utility Easement are hereby vacated.
2. The City Clerk is directed to file a certified copy of this Resolution with the County
Auditor and County Recorder in and for Dakota County, Minnesota.
ADOPTED, this _____ day of ___________, 2020, by the City Council of the City of
Lakeville, Minnesota.
CITY OF LAKEVILLE
By: _______________________________
Douglas P. Anderson, Mayor
ATTEST:
_______________________________
Char Friedges, City Clerk