HomeMy WebLinkAbout#09 - Roers Easement Vacation
STAFF REPORT
DATE: 3/4/25
Public Hearing
TO: Lake Elmo City Council
FROM: Nathan Fuerst, AICP, Consulting Planner
AGENDA ITEM: Public Hearing - Roers Companies Easement Vacation Request
REVIEWED BY: Jason Stopa, Community Development Director
CORE STRATEGIES:
☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services
☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future
☒ Managed Growth ☐ Resilient Infrastructure
BACKGROUND:
The City approved a revised final plat for the Roers Lake Elmo Multifamily on November 19, 2025. Part
of the conditional approval was conformance with the City Attorney’s Plat Opinion.
The City Attorney’s Plat Opinion, dated November 11, 2024, identified several redundant easements that
are smaller than easements and right of way that are being dedicated on the Roers (DPS Lake Elmo 3rd
Addn.) final plat as revised and approved by the City.
ISSUE BEFORE COUNCIL:
The Council is asked to consider approval of an easement vacation request by Roers Companies.
PROPOSAL DETAILS/ANALYSIS:
A public hearing was posted and the affected property owners notified according to the requirements of
Minnesota State Statutes. Upon proper notification, State Statute 462.358 allows the Council to vacate
easements by resolution if it is in the public interest to do so.
Vacating the easements as requested by Roers Companies will not only bring the development in line
with the conditional approval (City Attorney’s Plat Opinion) but it will also clean things up so that future
public or private work in this area becomes less complicated from a legal standpoint. This is in alignment
with the City’s 2040 Comprehensive Plan and the public need or interest.
Staff are recommending approval of the easement vacation request be continent upon the recording of the
DPS 3rd Addition Final Plat which will replace the easements that are proposed to be vacated. The
conditional approval of the final plat for the Roers project required a number of agreements including a
stormwater maintenance and easement agreement in the City’s standard form.
FISCAL IMPACT:
N/A
OPTIONS:
1. Approval in whole or in part
2. Denial
RECOMMENDATION:
Staff suggest approval of the request given the above analysis, an example motion follows:
“Move to adopt Resolution 2025-019 Approving the Roers Easement Vacation Request”
ATTACHMENTS:
• Resolution 2025-019 Approving the Roers Easement Vacation Request
• Roers Submittals (proposed easement vacations shaded in grey)
• DPS 3rd Addition Final Plat
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2025-019
RESOLUTION VACATING THREE DRAINAGE AND UTILITY EASEMENTS IN
RELATION TO THE DPS 3RD ADDITION PLAT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under
the laws of the State of Minnesota; and
WHEREAS, the City of Lake Elmo conditionally approved a revised DPS 3rd Addition
Final Plat on November 19, 2024 through Resolution 2024-120; and
WHEREAS, the City of Lake Elmo received a request from Roers Companies, a limited
liability company (the “Applicant”), to vacate three Drainage and Utility Easements identified as
Document Numbers 3694047, 3694048, and 3694049, recorded with the Washington County
Recorder (the “Drainage and Utility Easements”); and
WHEREAS, the portions of the property encumbered by the Drainage and Utility
Easements will be encumbered by larger easements that will be dedicated to the City in the plat of
DPS Lake Elmo 3rd Addition; and
WHEREAS, vacation of the Drainage and Utility Easements will bring the DPS 3rd
Addition Plat into conformance with the City Attorney’s Plat Opinion dated November 14, 2024;
and
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public
hearing for March 4, 2025, to consider the proposed vacation of the Drainage and Utility
Easements; and
WHEREAS, notice of the public hearing was posted, published in the City’s official
newspaper, and mailed to the owners of affected properties, all in accordance with law; and
WHEREAS, the City held the public hearing on the proposed vacations on March 4, 2025,
at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
Drainage and Utility Easements is in the public interest because replacement easements will be
dedicated to the City in the DPS Lake Elmo 3rd Addition final plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as
follows:
1. The City hereby declares that the Drainage and Utility Easements are vacated upon the
following conditions being satisfied:
a. The recording of the plat of DPS Lake Elmo 3rd Addition that includes the
replacement right-of-way and drainage and utility easements as required by the City.
2. Upon satisfaction of all of the above conditions, the City Clerk or their designee is
authorized and directed to prepare and present to the Washington County Auditor a notice
that the City has completed these vacation proceedings and record with Washington County
Recorder the notice of completion of the vacation proceedings.
Passed and duly adopted this 4th day of March, 2025 by the Lake Elmo Minnesota City Council.
____________________________________
Charles Cadenhead, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
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DRAWN BY:
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PROJECT NO:Engineering | Surveying | Planning | Environmental
ISSUED:
REVISION:
SHEET
REV DATE:53062
DA
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01/16/2025 1DPS Lake Elmo
Document No. 3964048 Easement Vacation
Lake Elmo, Minnesota
Roers
EASEMENT
VACATION
NORTH
SCALE IN FEET
0 50
A perpetual easement for public
drainage and utility purposes over,
under and across the south 15.00 feet of
the following described property:
That part of the West Half of the East
Half of the Southwest Quarter of Section
34, Township 29, Range 21, Washington
County, Minnesota, lying north of the
north line of Minnesota Department of
Transportation Right of Way Plat 82-43,
except the south 675.00 feet of the west
333.00 feet of said East Half of the
Southwest Quarter.
DESCRIPTION
HUDSON BOULEVARD N
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DRAWN BY:
DESIGNED BY:
CHECKED BY:
PROJECT NO:Engineering | Surveying | Planning | Environmental
ISSUED:
REVISION:
SHEET
REV DATE:53062
DA
MS
01/16/2025 1DPS Lake Elmo
Document No. 3964049 Easement Vacation
Lake Elmo, Minnesota
Roers
EASEMENT
VACATION
NORTH
SCALE IN FEET
0 100
A perpetual easement for public
drainage and utility purposes over,
under and across the south 15.00
feet of the following described
property:
That part of the East Half of the East
Half of the Southwest Quarter of
Section 34, Township 29, Range 21,
Washington County, Minnesota, lying
north of the north line of Minnesota
Department of Transportation Right
of Way Plat 82-43.
DESCRIPTION
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DRAWN BY:
DESIGNED BY:
CHECKED BY:
PROJECT NO:Engineering | Surveying | Planning | Environmental
ISSUED:
REVISION:
SHEET
REV DATE:53062
DA
MS
01/16/2025 1DPS Lake Elmo
Document No. 3964047 Easement Vacation
Lake Elmo, Minnesota
Roers
EASEMENT
VACATION NORTH
SCALE IN FEET
0 50
A perpetual easement for public drainage and utility
puposes over, under and across the south 10.00 feet of the
west Half of the Southeast Quarter of Section 34, Township
29 North, Range 21 West, except that part thereof previously
conveyed by deed recorded in Book 166 of Deeds, page 22, in
the office of the Washington County Recorder, legally described
as follows: Beginning at the intersection of the east line of said
West Half with the north line of Minnesota Trunk Highway
No. 12 as then laid out and established per deeds recorded in
Book 108 of Deeds, page 586 and Book 111 of Deeds, page
206 in the office of the Washington County Recorder;
thence running North along said East line 217.8 feet; thence
West on a line parallel to said North line of said Highway No.
12 200 feet; thence South on a line parallel to said east line of
said West Half 217.8 feet to said north line of said Highway
No. 12; thence East along said north line of Highway No. 12,
200 feet to the point of beginning.
Also except Parcel 29C as shown on Minnesota Department
of Transportation Right of Way Plat No. 82-43 recorded in
the office of the Washington County Recorder as Document
No 429592.
Which lies within Julia Avenue North as dedicated on the plat
of DPS LAKE ELMO 3RD ADDITION.
DESCRIPTION
SAMBATEK, INC.
ENGINEERING, PLANNING
AND LAND SURVEYING
KNOW ALL PERSONS BY THESE PRESENTS: That Roers Lake Elmo Apartments, LLC, a Minnesota limited liability company, owner of the
following described property, situated in the County of Washington, State of Minnesota, to wit;
Outlot B, DPS LAKE ELMO, according to the recorded plat thereof, WASHINGTON COUNTY, MINNESOTA
Has caused the same to be surveyed and platted as DPS LAKE ELMO 3RD ADDITION and does hereby dedicate to the public for public use
forever the public way as shown on this plat and also dedicate the drainage and utility easements as created by this plat.
In witness whereof said Roers Lake Elmo Apartments, LLC, a Minnesota limited liability company, has caused these presents to be signed
by its proper officer this day of , 20 .
Signed: Roers Lake Elmo Apartments, LLC, a Minnesota limited liability company
By:
Shane LaFave
Its: Executive Vice President
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me on this day of , 20 , by Shane LaFave as
Executive Vice President of Roers Lake Elmo Apartments, 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 on this _________ day of _________________, 20______, by Mark R. Salo,
Licensed Land Surveyor.
Notary Public, County, Minnesota Notary Printed Name
My Commission Expires
CITY COUNCIL, CITY OF LAKE ELMO, STATE OF MINNESOTA
This plat of DPS LAKE ELMO 3RD ADDITION was approved and accepted by the City Council of the City of Lake Elmo, 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 Lake Elmo, Minnesota
By: By:
Mayor Clerk
COUNTY SURVEYOR, COUNTY OF WASHINGTON, STATE OF MINNESOTA
Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has
been reviewed and approved this ________ day of ________________________, 20_____.
By: By:
Washington County Surveyor
COUNTY AUDITOR/TREASURER, COUNTY OF WASHINGTON, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9 and Section 272.12, taxes payable in the year 20_____ on real estate
hereinbefore described have been paid; and there are no delinquent taxes, and transfer has been entered on this _______ day of
_________________, 20_____.
By: By:
Washington County Auditor/Treasurer Deputy
COUNTY RECORDER, COUNTY OF WASHINGTON, STATE OF MINNESOTA
Document Number
I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this _______ day of
_______________, 20______, at ______ o'clock ____ .M., and was duly recorded in Washington County Records
By:By:
Washington County Recorder Deputy
SHEET 1 OF 2 SHEETS
DPS LAKE ELMO 3RD ADDITION
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BLOCK 1
LOT 2
LOT 1
SAMBATEK, INC.
ENGINEERING, PLANNING
AND LAND SURVEYING
SHEET 2 OF 2 SHEETS
DPS LAKE ELMO 3RD ADDITION
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 AND MARKED BY LICENSE 44530 OR AS NOTED.
0
NORTH
SCALE IN FEET
50 100
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 EAST LINE OF OUTLOT B, DPS LAKE ELMO,
ACCORDING TO THE RECORDED PLAT THEREOF,
WASHINGTON COUNTY, MINNESOTA IS ASSUMED TO
HAVE A BEARING OF SOUTH 00 DEGREES 06 MINUTES
31 SECONDS WEST
SEC. 34, T. 29 N, R. 21 W
VICINITY MAP
NOT TO SCALE
1 INCH = 50 FEET