HomeMy WebLinkAboutIX-01 (a-c) County Crossroads 4th Addition - Enclave Apartments - Public Hearing Vacation of Easement and Final Plat Amendment
City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: September 6, 2022
Item: Public Hearing\Resolution: Vacation of Easement and Final Plat Amendment –
County Crossroads Center 4th Addition - Enclave Companies Council Action Requested: Consider the following actions related to the vacation of easement request of Enclave
Companies for development of County Crossroads Center 4th Addition, a 211 apartment
unit development located south and east of 33rd and Vermillion Streets: 1) Hold a public hearing 2) Resolution: Vacation of certain public easements.
3) Resolution: Amend Final Plat approval
A simple majority is necessary for all actions. VACATION OF EASEMENT
History - The easements were dedicated to the public during earlier development on the subject property. City Staff has reviewed the proposed vacations against the grading and utility plans for County Crossroads Center 4th Addition and have concluded the easements are no longer necessary.
Vacation Procedure – Hastings Home Rule Charter Section 7.05 regulates the vacation of streets and alleys. The City Council may consider vacating public ways upon published and mailed notice to affected property owners.
Public Hearing – Notification of the public hearing was mailed to all required property
owners and utility companies. At the time of this report no comments have been received. Recommendation – Approval of the vacation is recommended. The Public Works
Department and City Attorney have reviewed the action and are supportive of the
vacation. FINAL PLAT AMENDMENT
The City Council approved the Final Plat of County Crossroads 4th Addition on March 7,
2022 to contain one lot and one outlot. The developer now seeks to plat the property as two lots (one for each apartment building) along with one outlot. The number of units and layout of the Site Plan is unchanged. Staff recommends approval of the modification
IX-01(a-c)
Financial Impact:
N\A
Advisory Commission Discussion: N\A
Council Committee Discussion: N\A Attachments:
• Location Map
• Resolution - Vacation of Easement
• Resolution - Final Plat Amendment
IX-01(a-c)
SAMBATEK, INC.
ENGINEERING, PLANNING
AND LAND SURVEYING
KNOW ALL PERSONS BY THESE PRESENTS: That Enclave Hastings LLC, a Minnesota limited liability company, owner of the following
described property:
Outlot B, COUNTY CROSSROADS CENTER ADDITION, according to the recorded plat thereof, Dakota County, Minnesota
and
Lot 4, Block 1, COUNTY CROSSROADS CENTER 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
Has caused the same to be surveyed and platted as COUNTY CROSSROADS CENTER 4TH ADDITION and does hereby dedicate to the public
for public use the drainage and utility easements as created by this plat.
In witness whereof said Enclave Hastings LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper
officer this day of , 20 .
Signed: Enclave Hastings LLC, a Minnesota limited liability company
By:
Its:
STATE OF
COUNTY OF
This instrument was acknowledged before me on this day of , 20 , by as
of Enclave Hastings LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public, County, Notary Printed Name
My Commission Expires
I Mark R. Salo do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in
the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly
designated on this plat; 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 in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certification are shown and
labeled on the plat; and all public ways are shown and labeled on this plat.
Dated this day of , 20 .
Mark R. Salo, Licensed Land Surveyor, Minnesota License No. 43933
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this _________ day of _________________, 20______, by Mark R. Salo.
Notary Public, County, Minnesota Notary Printed Name
My Commission Expires
CITY PLANNING COMMISSION, CITY OF HASTINGS, STATE OF MINNESOTA
Approved by the Planning Commission of the City of Hastings, Minnesota at a regular meeting thereof on the ______ day of
_______________, 20_____.
Planning Commission, City of Hastings, Minnesota
By: By:
Chairperson Secretary
CITY COUNCIL, CITY OF HASTINGS, STATE OF MINNESOTA
This plat of COUNTY CROSSROADS CENTER 4TH ADDITION was approved and accepted by the City Council of the City of Hastings, 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.
City Council, City of Hastings, Minnesota
By: By:
Mayor Clerk
COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I 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 Surveyor
COUNTY PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20_____ on the land 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_____.
Amy A. Koethe, Director,
Department of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of COUNTY CROSSROADS CENTER 4TH ADDITION was filed in the office of the County Recorder for public record
on this _______ day of _______________, 20______, at ______ o'clock ____ .M., and was duly filed in Book________________ of Plats,
Page___________ as Document Number .
Amy A. Koethe, Dakota County Recorder
SHEET 1 OF 2 SHEETS
COUNTY CROSSROADS CENTER 4TH ADDITION
OFFICIAL PLAT
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2
BLOCK 1
OUTLOT A
1
SAMBATEK, INC.
ENGINEERING, PLANNING
AND LAND SURVEYING
SHEET 2 OF 2 SHEETS
COUNTY CROSSROADS CENTER 4TH ADDITION
OFFICIAL PLAT
DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET
AND MARKED BY LICENSE NO. 43933
DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT
FOUND OR AS NOTED.
0
NORTH
SCALE IN FEET
60 120
BEING 10 FEET IN WIDTH AND ADJOINING
PUBLIC WAYS AND BEING FIVE FEET IN WIDTH
AND ADJOINING SIDE LOT LINES AND REAR
LOT LINES, UNLESS OTHERWISE INDICATED ON
THIS PLAT.
10
5
5
10
DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:
(NOT TO SCALE)
THE SOUTH LINE OF LOT 4, BLOCK 1, COUNTY
CROSSROADS CENTER 3RD ADDITION ACCORDING TO
THE RECORDED PLAT THEREOF, DAKOTA COUNTY,
MINNESOTA IS ASSUMED TO HAVE A BEARING OF
SOUTH 89 DEGREES 35 MINUTES 25 SECONDS WEST
(S89°25'26"W PLAT).
SEC. 3, T. 114 N, R. 17 W
VICINITY MAP
NOT TO SCALE
SITE
NOT TO SCALE
33RD ST W
VE
R
M
I
L
L
I
O
N
S
T
IX-01(a-c)
LOCATION MAP
= Easements to be vacated
IX-01(a-c)
HASTINGS CITY COUNCIL
RESOLUTION NO. A RESOLUTION VACATING PUBLIC EASEMENTS LOCATED WITHIN THE CITY OF HASTINGS, MINNESOTA
Council member ________________ introduced the following resolution and moved its adoption: WHEREAS, pursuant to Hastings City Code § 90.08 and Minn. Stat. § 412.851, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and
WHEREAS, by that certain Permanent Utility Easement recorded as Document No. 893098 on June 21, 1989 in the Dakota County Recorder’s Office, the following public utility easement was granted:
The south 20 feet of the north 991 feet of the northwest one-quarter of Section 3, Township,
114, Range 17, except the east 2,136 feet and except all of said parcel which lies west of the east right-of-way line of State Trunk Highway 61, all in Dakota County, Minnesota. The above description is now platted and lying across Lot 4, Block 1, County Crossroads
Center 3rd Addition.
(“Easement No. 1”); and WHEREAS, by that certain plat of County Crossroads Center Addition recorded as
Document No. 934667 on April 19, 1990 in the Dakota County Recorder’s Office, a public
drainage and utility easement was dedicated over all of Outlot B, County Crossroads Center Addition (“Easement No. 2”); and WHEREAS, by that certain plat of County Crossroads Center 3rd Addition recorded as
Document No. 966397 on December 11, 1990 in the Dakota County Recorder’s Office, a public
drainage and utility easement was dedicated over all of Lot 4, Block 1, County Crossroads Center 3rd Addition (“Easement No. 3”); and WHEREAS, Easement No. 1 is depicted on the attached Exhibit A; and
WHEREAS, Easement No. 2 is depicted on the attached Exhibit B; and WHEREAS, Easement No. 3 is depicted on the attached Exhibit C; and
WHEREAS, Easement No. 1, Easement No. 2 and Easement No. 3 shall be hereinafter
referred to individually and collectively as “Easements;” and
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2
WHEREAS, the City of Hastings wishes to vacate the Easements legally described above and depicted on the attached Exhibits A, B and C, respectively; and
WHEREAS, a notice of a public hearing on said vacations was duly published, posted and mailed in accordance with applicable Minnesota Statutes, and a public hearing was held on said vacations; and
WHEREAS, the City Council of Hastings then proceeded to hear all persons interested in
said vacations and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacations; and WHEREAS, the City Council of Hastings has determined that the vacations would be in
the public interest.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings as follows:
1. That pursuant to Hastings City Code § 90.08 and Minn. Stat. § 412.851, hereby
vacates the Easements legally described above and depicted on the attached Exhibits A, B and C, respectively. 2. That said vacation has no relationship to the City’s Comprehensive Plan and
therefore the Hastings City Council has dispensed with the requirements of Minn.
Stat. § 462.356, Subd. 2, that may require the Hastings Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to § 462.356, Subd. 2.
3. That the City Clerk shall prepare a notice to be presented to the Hastings County
Auditor reflecting the completion of the proceedings herein. Council member ________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on September 6, 2022, by the following vote: Ayes: Nays: Absent:
Mary Fasbender, Mayor ATTEST:
Kelly Murtaugh, City Clerk (City Seal)
IX-01(a-c)
A-1
EXHIBIT A DEPICTION OF EASEMENT NO. 1 TO BE VACATED
IX-01(a-c)
B-1
EXHIBIT B DEPICTION OF EASEMENT NO. 2 TO BE VACATED
IX-01(a-c)
C-1
EXHIBIT C DEPICTION OF EASEMENT NO. 3 TO BE VACATED
IX-01(a-c)
HASTINGS CITY COUNCIL
RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL AMENDING THE FINAL PLAT APPROVAL OF COUNTY CROSSROADS CENTER 4TH ADDITION
Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, on March 7, 2022, the City Council of the City of Hastings adopted
Resolution No. 03-02-22 Granting Preliminary and Final Plat Approval of Enclave
Apartments (County Crossroads Center 4th Addition) a replat of two existing parcels into a single lot for construction two apartment buildings. The subject property is generally 15.66 acres located South of 33rd Street West between Vermillion Street and Red Wing Boulevard, legally described as Outlot B, COUNTY CROSSROADS CENTER
ADDITION and Lot 4, Block 1, COUNTY CROSSROADS CENTER 3RD ADDITION,
Dakota County, Minnesota; and WHEREAS, approval of the Plat was preceded by a public hearing and review by the Planning Commission pursuant to City Code and State Statutes; and
WHEREAS, Enclave Hastings LLC, property owner, seeks to amend said Final Plat approval to create two lots of record. The original final plat approval granted approval to plat only one lot. Each lot would now contain a single apartment building with the number of units for each building being unchanged from the original final plat approval;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the amended Final Plat approval as presented
subject to the following conditions:
1) Approval is subject to a one-year Sunset Clause; if the final plat isn’t recorded within one year of City Council approval, the site final plat approval is null and void.
2) Accommodate and or resolve any comments from the Minnesota Department of
Transportation regarding their review of the project. 3) The City Engineering Department must approve any required drainage plan. 4) Right after City Council approval of the final plat, submit the following prior to recording:
a. Three copies of owner signed mylar plats for city signatures
b. Payment of $219,920 for cash in lieu of parkland dedication. c. Payment of $102,335 for sewer interceptor fees.
IX-01(a-c)
Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on September 6, 2022, by the following vote:
Ayes: Nays: Absent:
ATTEST: __________________________ Mary Fasbender, Mayor ________________________________
Kelly Murtaugh,
City Clerk (City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of September 2022, as disclosed by the records of the City of Hastings on file and of record in the office.
________________________________ Kelly Murtaugh, City Clerk (SEAL)
This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033
IX-01(a-c)