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Home My WebLink About10. Vacation of Easement-Res. No. 6250 ID, CITY OF SHAKOPEE Memorandum CASE NO.: 05-046 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement MEETING DATE: June 7, 2005 REVIEW PERIOD: April 6 - August 4, 2005 INTRODUCTION Wensmann Realty has submitted an application for vacation of easement located south of County Road 42 and west of McKenna Road extended (within the municipal boundaries of Prior Lake). Please see Exhibit A in the attached Planning Commission memorandum. On April 19th, the Council approved Resolution No. 6229, a resolution setting the public hearing date for June 7th. DISCUSSION The Planning Commission has reviewed this request and has recommended approval of the vacation. Attached for your information is a copy of the Planning Commission report from the May 19,2005, Planning Commission meeting. AL TERNA TIVES 1. Approve Resolution No. 6250, a resolution of the City of Shakopee approving the vacation of easement within the proposed Jeffers Pond. 2. Deny the proposed vacation. 3. Continue the public hearing. 4. Close the public hearing and table the request to allow staff or the applicant time to provide additional information. ACTION REQUESTED Offer a motion to approve Resolution No. 6250, and move its adoption. . ~ g: \cc\2005\06-07\ vacwensmann05 046 .doc RESOLUTION NO. 6250 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING EASEMENT WITIDN THE PROPOSED JEFFERS POND WHEREAS, it has been made to appear to the Shakopee City Council that easement located south of County Road 42 and west of McKenna Road extended serves no public use or interest; and WHEREAS, the easement to be vacated is legally described as: An easement for utility purpose over, under, and across that part of the Northeast Quarter of Section 27, Township 115, Range 22, Scott County, Minnesota, said easement being 15 feet in width, with 7.5 feet on either side of a described line: Commencing at the Northwest corner of the Northeast Quarter, thence east along the North line of the Northeast Quarter for a distance of 786.5 feet, to the point ofbeginning of easement; thence deflecting to the right 77 degrees 30 minutes 00 seconds for a distance of 364 feet and there terminating; and WHEREAS, a public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 7th day of June, 2005; and WHEREAS, two weeks published notice was given in the SHAKOPEE V ALLEY NEWS and posted notice was given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That it finds and determines that the vacation hereinafter described is in the public interest; That the easement described above serves no further public purpose; That the easement described above is hereby vacated,. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shako pee, Minnesota, held the _ day of ,2005. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk CERTIFICATION OF RESOLUTION NO. 6250 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 6250, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the _ day of ,2005, as shown by the minutes of the meeting in my posseSSiOn. Dated this _ day of ,2005. Judith S. Cox, City Clerk SEAL -=Jb7 CITY OF SHAKOPEE Memorandum CASE NO.: 05-046 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement in proposed Jeffers Pond (Prior Lake City Limits) MEETING DATE: May 19, 2005 REVIEW PERIOD: April 6 - August 4, 2005 SITE INFORMATION: Applicant: Wensmann Realty Location: Proposed Outlot B, Jeffers Pond, City of Prior Lake INTRODUCTION The City Council has received a request from Wensmann Realty to consider the vacation of a utility easement located south of County Road 42 and west of McKenna Road extended. The subject property is located within the City limits of Prior Lake. The easement was dedicated in favor of Shakopee Public Utilities at a time when the City of Shakopee was required to participate in SPUC's easement agreements. SPUC has reviewed the request for vacation and has already approved a resolution releasing their right to this easement. The applicant is proposing the vacation of the easement as a result of the pending development of the parcel (please see Exhibit B). CONSIDERATIONS The City Council will hold a public hearing on Tuesday, June 7, 2005 to consider this vacation request. A recommendation from the Planning Commission is required for the vacation process. City, County and other outside agencies were given the opportunity to review and provide comments regarding this application. Staff has received no adverse comments on the proposed vacation. ALTERNATIVES 1. Recommend to the City Council the approval ofthe vacation. 2. Recommend to the City Council the approval ofthe vacation subject to conditions. 3. Recommend to the City Council denial of the request. 4. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No. I recommend to the City Council approval of the vacation. ACTION REQUESTED Offer and pass a motion recommending approval of the vacation. g: \boaa-pc\2005\05-19\ vacwensmannrealty05046.doc l \ 15 I ~ I I I I . - - '-I- I ~ , ' I, ;t---~.-- -: I ir Pike II Lake';, , II 1 . ClC::?,d,dC;;77E.7 P.02 ',!0-2005 ,,09 :26 'SHAKOPEE PUBLIC UTILITIES 9524457767 P.04 e.xff1S1T V RESOLUTION #794 A RESOLUTION RELEASlNG A GRANT OF RIGHT-Of-WAY EASEMENT FOR UTILITY PURPOSES WHEREAS, the Shakopee Public Utilities Com~issioll.was.granted a right of way easement for utility purposes as described in the attached Exhibit A, and WHEREAS, a request to release said easement on behalf of the Robert Jeffers Estate has been received by the Shakopee Public Utilities Commission, and WHEREAS, the Shakopee Public Utilities Commission previously has transferred its service telTitory rights to the property in question and the associated faCilities to Mi11nesota Valley Electric Cooperative and no longer has an interest ill the facilities in . , question, and WHEREAS, the Shakopee Public Utilities Conllnission has received written con.finnation from representatives of Minnesota Valley Electric Cooperative that they intend to remove the existing facilities, install new facilities on the property, that the existing easement is no longer necessary, and that they are in full agreement with the request to release the easement, NOW THEREFORE, the Shakopee Public Utilities Commission does hereby release that certain right-of-way easement recorded July 31, 1987 as bocument No. 237240 in the Office of the County Recorder within and for Scott County, Minnesota. Passed in regular session anhe Shakopee Public Utilities Commission, this 21 at day of March, 2005. ission l? . 0c<t. 9'~p~, OI~''''' '':;Joh,.J E' ;J(i,Ltf"I'( ATTEST: ~d)tr-" cc;- lis' on Secretary: Louis Van Hout - :XHI0rr~ <( , ~b JEFFERS POND :TI9/ / -:3 66 L _ ___ - - --- ---- -- - - - -_ ---.r- - - -- - - -_ __ _ __' - - ~ '", AnTI ::--.,.pC,-,.... C.S.AJt ~~C. ~2 ~ ,"tV 1 H ..:; I \L...L. 1,1 ...N UNE OF 1H~ HE 1/4 DRAlNAt:<.. ~ ~OO ........NE: CORNER OF SEC. 27, (140TH STREET) lVrP. 115. ROC 22 WETLAND. POND & --------- C.S.A.H. NO. 42 PER Doc. NO.5 05170"":""...1 (SCOTT CO. elM) , , ----- ~~ mNsTc. O~:,tHE' \' DRAINAGE &' unuTY EASEMEMT....f,.. DETAIL (FOUND PK) POND ~ #1 PER Doc. HO.,20970 EXISTING EASEMENT ......:, ~- < EL-BaS.6 FT CNGVll '929) \ \ ~".i\\ ~'l .... '2/8/<>< I <( ~ OUlLOT I 8 7;\11 L'J j: ~~\\ ! -,.. ,-, ;:) / ""U \:l ~ 0 J S m u::: /, 5" 01 --..... " f!1O -,.. ,'. -- ~~ :'~I ~~ ;2 u ~_I a~ ~IJ ~ffi ">1 Ua., <C OUlLor 0 ~s " 111 0 loJ (5J <C .L::!l ~~I c5l -. <-I -"/ _L. <C -------- ~'il 0, OUlLor G I I en I 0 " I~ _J /5 I~- 01- -- <I/) IW< -I.IJ -. lc::ijE o 100 200 400 :. I .0:: ~ r I 00 :Z:Z GRAPHlC SCALE m FEET PARK POND I 'I.IJ E1.",Ss.+." FT (NG'-.'D UI29) 11/20/04 :Ii::l I<Z V!~ . DEN01ES FOUND IRON MONUMENT. ~<-- L,J o CARRIAGE HILLS BEARINGS ARE BASro ON NORlH UNE OF lHE ::: PARK'/: A '( NE 1/~ OF OF SEC. 27. TWP. 115, RGE. 22 i-- MilCH IS ASSUMED TO HA \IE A BEARING OF N88'59'23"E- ::: I NO MONUMENT SYMBOl SHOWN AT ANY STARJ1E - REQUIRED - LOCATION. INDICATES, A PLAT MONUMENT 1HAT I'/1LL BE SET AND ~- MilCH SHALL BE IN PLACE I'/1lHlN ONE YEAR - OF THE FILING OF lHE PLAT. SAID MONUMENTS . SHALL BE 1/2 INCH X 14 INCH IRON MONUMENTS MARKED BY UCENSE NUMBER 19626, PIeNEERengineering CMI.!NOl2aSU t.\HOJ"I.AmDS 1..ANDSlfI.VBYtItS wmscA:PB.u.cmm:rs SHEET 12 OF 13 SHEETS -