HomeMy WebLinkAbout9.A. Vacation of a portion of Prairie Street and Retention of a Drainage and Utility Easement-Res. No. 6263
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CITY OF SHAKO PEE
Memorandum
CASE NO.: 05-057
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kyle Sobota, Planner I
RE: Vacation of a 60-foot portion of Prairie Street and retention of a 43-foot drainage
and utility easement at 981 Bluff A venue East
DATE: June 21,2005
INTRODUCTION
Lester and Patricia Koehnen and Kim Robson have applied for a vacation of a 60-foot portion of Prairie
Street. The identical portion of Prairie Street was vacated in 1986 by Resolution Number 2721, however it
was recently found that the vacation did not meet the statutory criteria for street vacation outlined by
Minnesota Statute 412.581. City staff recommended denial of the vacation request to insure access to the
North for future storm and sanitary sewer service. The planning commission recommended that the City
Council approve the vacation,
The Planning Commission considered the recommendation of the request at its June 9, 2005 meeting, and by
a 7-0 vote, the planning commission recommended approval of the request. The planning commission
determined that since the identical vacation had been approved in 1986 the approval should stand today.
The public works director has since recommended that a 43-foot portion of the vacation be retained as a
drainage and utility easement to allow future access to the North for sanitary and storm sewer. A 43-foot
drainage and utility easement would leave a 5-foot space east of the existing building outside of easement.
A copy of the staff report to the Planning Commission, which includes the resolution approving the request,
is attached for the Council's reference.
AL TERNA TIVES
1. Approve Resolution No. 6263, a resolution of the City of Shakopee approving the vacation of a 60-
foot portion of Prairie Street and retention of the eastern 43 feet as a drainage and utility easement.
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 Resolution No. 6263 vacating the entire 60-foot width of Prairie Street and retention of the eastern 43
feet as a drainage and utility easement. This would leave a space of 5 feet to the East of the existing building
outside of easement, and move its adoption.
Kyle Sobota
Planner I
g:\cc\2005\06-21 \Koehnen V acationPrairieSt.doc
RESOLUTION NO. 6263
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
60 FEET OF PRAIRIE STREET AND RETENTION OF A 43.FOOT DRAINAGE AND UTILITY
EASEMENT AT 981 BLUFF A VENUE EAST
WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the Prairie Street
Right-of-Way located north of Bluff Avenue within the plat of East Shakopee serves no public use or interest;
and
WHEREAS, said plat delineates a street North of Bluff Avenue and is described as follows: Starting at
the Southeast comer of Lot 6, Block 17, East Shakopee, according to the recorded plat thereof on fIle and of
record in the office of the County Recorder in and for Scott County, Minnesota; thence East 60 feet parallel to
the North line of Spring Street to the Southwest comer of Lot 1, Block 23, East Shakopee, thence North along
the West line of Lot 1, Block 23 a distance of 110 feet; thence West to the northeast comer of Lot 6, Block 17,
East Shakopee, thence along the east line of said Lot 6 to the place of beginning; 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 21st 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 tile
public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
That it finds and detennines that the vacation hereinafter described is in the public interest;
That the Right-of-Way described above serves no further public purpose;
That the Right-of-Way described above is hereby vacated, subject to the followhig condition:
1. The eastem 43-feet of Right-of-Way be retained as a drainage and utility easement.
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 Shakopee, Minnesota, held the _ day of
,2005.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
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':.;i .I hereby certify that this is a true ani:! cc:r;reet 'wepresentat:Loll of a SUrv~ .Of: tlie,~'P.ounllax'ies of ~he
"V,;, - following described property: " , . ". ::'1:;-.- :
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" Lot. 6, Bloek l7J EAST SHAKbPEEJ accordipg to the recordsd plat. thsreof o~~~e and of
r~' record in the Office ot the County Recorder in and fore Scott eounty),M1nO~~~~~'"
: '. and together with . ~ij::;..
'. :rhe south 110.00 fee.j: of the vacated Prairie -street lying norllh' 'of the nortl).i1/;'3,y. J;ight ot
::'. Way line of Bluff. A:venue E" extsnded from BlOck 17 to Blook 2!i J lMST .S!lAKO~~E~. ':. aocording
~f .,t'll ,the recorded plat thereof on fila and of reoord in the :.office of the Co\lhty.(.'jlecorder in
"" and fore sco-tt'CountYJ Minnesota. ". . : ".;'f';:(~ .
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'That I am a duly Registered Land Surveyor under the Laws of the'S at'" .~f..1,fil~esota.
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AUan R. Halltd.ngs' . ...
· Mftulesota 'Reg:l.str.,t'ion No.: i. 70g~ I
121 Lewis Stree"t S..
Suite No. 102 " '::'" '.: ....
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:,: Shakopee, Minnesota ..V'. . .
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, . Phone 612 445-4027 ,..:, . ':r.
:". EXHIBIT' .s . '.". ."
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-057
TO: Shakopee Planning Commission
FROM: Kyle Sobota, Planner I
SUBJECT: Vacation of a portion of Prairie Street located north of Bluff A venue.
MEETING DATE: June 9, 2005
REVIEW PERIOD: April 30, 2005 - May 30, 2005.
SITE INFORMATION:
Applicant: Lester and Patricia Koehnen
Location: 981 Bluff A venue East
Existing Zoning: B-1, Highway Business (B-1)
Adjacent Zoning: North: Agricultural Preservation (AO)
South: Highway Business (B-1)
West: Highway Business (B-1)
East: Old ShakopeeResidentiaI (R-.1C)
Compo Plan: Single Family Residential
Acreage: 0.152 Acres
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Location and Zoning Map
Exhibit B: Site Plan
Exhibit C: Applicant Narrative
Exhibit D: Engineering Staff Memorandum
ExhibitE: Resolution No. 2721
Exhibit F::MN Statute 412.581
INTRODUCTION
The City Council has received a request from Lester and Patricia Koehnen to consider the vacation of a
portion of Prairie Street. In 1986 the City Council approved resolution No. 2721 that vacated this portion
of Prairie Street, however the vacation did not meet the statutory criteria for street vacation per :MN
Statute 412.581 (see Exhibit C). The applicant is again proposing the vacation of the identical portion of
Prairie Street (please see Exhibit B).
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SHAKOPEE ...... Shakopee Bounclary
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Vacation of a portion of Prairie
Street
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conveyed their interest in Lot 6, Block 17 to Kim Robson. Lot 6, Block 17 is abstract
property.
The owners of the other affected property, Lot 1, Block 23, East Shakopee, Scott
County, Minnesota, are Robert and Doretta Larson. Pursuant to the parties understanding
that Prairie Street had already been vacated, the Larson's conveyed their interest in that
portion of Prairie Street, that would attach to their property pursuant to a street vacation,
to Lester and Patricia Koehnen, as Trustees. See attached Exhibit G. AB such, the
. Larson's have given up their right to that portion of Prairie Street that would become
theirs upon vacation by the City of Shakopee. The Larson's are, however, in agreement
with this application and the requested vacation of Prairie Street by these applicants. This
. property, Lot 1, Block 23, is Torrens.
If this application is gr!llted, counsel for applicants has be~D; authorized to initiate
a proceeding subsequent to update the Certificate of Title to reflect the vacation of
Prairie Street and conveyance to applicants by the Larson's.
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City of Shakopee
Memorandum
TO: Mark Noble, Planner I
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Easement and Right-of-Way (981 Bluff Avenue)
PID NO.: 27-004112-0,27-004113-0
CASE NO.= 05057
DATE: May 23, 2005
The application indicates a request to vacate a portion of the Prairie Street light-of-way,
North of Bluff Avenue.
After reviewing the above referenced application, the engineering department has the
following comments for the applicant an.d the planning department:
L In the f\1ture, Blu~ A venue will be reconstructed~ This reconstruction Illay require.
future sanitary sewer and storm sewer connections to the North.
2. Future trail improvements along the Minnesota River may require access from Bluff
A venue.
Recommendation
Vacating this portion of Prailie Street would eliminate a potential corridor for future utility
extensions and it would eliminate a potential access point from Bluff Avenue. Therefore,
the engineering department recommends denial of the vacation request.
C:\DOCUME-l\I<Sobota\LOCALS-l ITemp\Cn.so.Number.OSOS7. Vacate.ElISemonts (981.Bluff.A 'e).doc
Page I of 1 ~ X h~ b;'+- D
. Mi~esota Statutes 2004, 412.851 Page 1 ot :L
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House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules
Minnesota Statutes 2004, 412.851
Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota Statutes 2004, Table of Chapters
Table of contents for Chapter 412
412.851 vacation of streets.
The council may by resolution vacate any street, alley,
publiC grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition,
the resolution may be adopted only by a vote of four-fifths of
all members of the council. No such vacation shall be made
unless it appears in the interest of the public to do so after a
hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at
least ten days before the hearing. The notice must contain, at
minimum, a copy of the petition or proposed resolution as' well
as the time, place, and date of the hearing. In addition, if
the street, alley, publj,c gJ::'ounds,.public.way, oran,Y.PCirt.
thereof terminates at or abuts upon any public water, no
vacation shall be made unless written notice of the petition or
proposed resolution is served by certified mail upon the
commissioner of natural resources at least 30 days before the
hearing on the matter. The notice to the commissioner of
natural resources is for notification purposes only and does not
create a right of intervention by the commissioner. After a
resolution of vacation is adopted, the clerk shall prepare a
notice of completion of the proceedings which shall contain the
name of the city, an identification of the vacation, a statement
of the time of completion thereof and a description of the real
estate and lands affected thereby. The notice shall be
presented to the county auditor who shall enter the same in the
transfer records and note upon the instrument, over official
signature, the words "entered in the transfer record." The
notice shall then be filed with the county recorder. Any
failure to file the notice shall not invalidate any such
vacation proceedings.
HIST: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967
c 289 s 15; 1969 c 9 .s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c
494 s 11; 1976 c 1~1 s 2; 19~6 c 444; 1989'c 183 s 4; 19.90 c 433'
s 2
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';''' CoASd\ T
CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-057
TO: Shakopee Planning Comniission
FROM: Kyle Sobota, Planner I
SUBJECT: Vacation of a portion of Prairie Street located north of Bluff Avenue.
MEETING DATE: June 9, 2005
REVIEW PERIOD: April 30, 2005 - May 30, 2005.
SITE INFORMATION:
Applicant: Lester and Patricia Koehnen
Location: 981 Bluff A venue East
Existing Zoning: B-1, Highway Business (B-1)
Adjacent Zoning: North: Agricultural Preservation (AG)
South: Highway Business (B-1)
West: Highway Business (B-1)
~ast:. Old ShakopeeResidentiaI. (R-.1C) ..' .
Camp. Plan: Single Family Residential
Acreage: 0.152 Acres
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Location and Zoning Map
Exhibit B: Site Plan
Exhibit C: Applicant Narrative
Exhibit D: Engineering Staff Memorandum
Exhibit E: Resolution No. 2721
Exhibit F: MN Statute 412.581
INTRODUCTION
The City Council has received a request from Lester and Patricia Koehnen to consider the vacation of a
portion of Prairie Street. In 1986 the City Council approved resolution No. 2721 that vacated this portion
of Prairie Street, however the vacation did not meet the statutory criteria for street vacation per :MN
Statute '412.581 (see Exhibit C). The applicant is again proposing the vacation of the identical portion of
Prairie Street (please see Exhibit B).
CONSIDERATIONS
The City Council will hold a public hearing on June 21, 2005 to consider this vacation request. A
recommendation from the Planning Commission is required for the vacation process.
The applicant is requesting the vacation because part of. the principal structure currently encroaches
onto the right-of-way of Prairie Street and the applicant would also like to sell the property. Please
see the attached exhibits for area proposed for vacation.
City, County and other outside agencies were given the opportunity to review and provide comments
regarding this application. The City Engineering Department has recommended denial of the request.
Please see the attached Exhibit D for engineering staff comments.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation.
2. Recommend to the City Council the approval of the 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.3, recommend to the City Council denial of the vacation.
ACTION REQUESTED
Offer and pass a motion recommending denial of the vacation.
Kyle Sobota
Planner I
g:\boaa-pc\2005\06-09\V AC_Koehnen.doc
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1\;\ I hereby certify that this is a true ana co:r:reo~ npresentat:l.oIl" of a surve,y .of: i!H",.:)~,ounlJa1'ies of "lihEl . 'il.I~~1ji
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t',; '. :.;, -.. 4 ':r~ ~!I
~. .:. Lo'~, 6, Bl~(llt 17J EAST SHAJ{bpEEJ accordirg to .the recorded pla~. ~~;re:~ ~;;r~1.~ and of ' .; ':~.~~l
iff;' record in the Office of the County Recorder in and fore Scott CountYJ ,M1nn~s~.:.~~',. . ./...ili'fij~
~. and together with '. ;";> . .: " ~1i1
,~.; ~he south 110.00 fee); of the vacated Prairie Street lying no~lJh' 'of the noitIWi~;Y; .>::ight of :.:.",,;'..;;,~ii:fiit
;~. Way line of Blurt. Avenue K, extended trom Bloclc 17 to Blook 23J EAST.SHAKO:t;!!lE.~. ':. according :- ~Jj!I,~:
~f( ..~'d> -the recorde? plat the.reof on f1la and of record in the :.office of .the C0l1f1l;y,t~1corder in,,?-{?$1i~
and fore Scott County, Minnesota. , . ....;'?':.: . ,. :"-;1'~.(!.11~
. ... , ..et:,'~~a
;.., 'That I am a duly Registered Land Surveycr under the Laws of t,hO'~ .ate "~~..~J.l~l~~sota', . ..:,:';n\.~f.
. ~ Q :,". . I . ..~..;'fift,l'J.
;.. Dated: Nove~lber'28, 199&4 " , . . ., - :~ .','r~~
~ . : " :--.... ~~'I~~
Allan h. Ha!;tings', . : '.' '; '~1~& ~'
M;n1,esohRegistrl\t'ion No,' i.709.11 ' ':;'J.N~~
- . 121 Lewis Street S.. , " ". '.' :?;~~V; ...
'" Suite .No. ~02 . ,: .' '.: . .~.t~~,~
~r' Shakopee, Minnesota : ",....:. :...ifr,#i.i.....~~
'I.~ '55379 ',' :'...... : :t~l1.r.l'i-.,~
. ,~. PIlcme 612 445-4027 ',..:, . ':t-. ,: ~~:'~
" . ".." '" ~'.~l~~~
.EXHIBIT .8 .....,~)tr~~:.
. . '. ....t,;f,"!t~
". . I . '" ~\-r<,:Jo.i(:!~.
t~ .' .'~_
conveyed their interest in Lot 6, Block 17 to Kim Robson. Lot 6, Block 17 is abstract
property.
The owners of the other affected property, Lot 1, Block 23, East Shakopee, Scott
County, Minnesota, are Robert and Doretta Larson. Pursuant to the parties understanding
that Prairie Street had already been vacated, the Larson's conveyed their interest in that
portion of Prairie Street, that would attach to their property pursuant to a street vacation,
to Lester and Patricia Koehnen, as Trustees. See attached Exhibit G. As such, the
. Larson's have given up their right to that portion of Prairie Street that would become
theirs upon vacation by the City of Shako pee. The Larson's are, however, in agreement
with this application and the requested vacation of Prairie Street by these applicants. Tbis
property, Lot 1, Block 23, is Torrens.
If this applicationis g:ranted, counsel for applicants has be~n. authori~ed to ~tiate
a proceeding subsequent to update the Certificate of Title to reflect the vacation of
Prairie Street and conveyance to applicants by the Larson's.
E)d'1~ b;+ ( p,\')e- 'Z
.
21. The applicants property is located at 981 East Bluff Street, Shakopee, Minnesota.
There is a commercial building at this location which is used as a vehicle repair
shop. See conditional use permit resolutions attached as Exhibits B and G. The present
building has been at this location since approximately 1981. In 1984 there was an
addition added to this property and a chain link fence was erected on the property that
enclosed the area which is the subject matter oftbis request.
The parties thought that Prairie Street had been vacated pursuant to the City of
Shakopee Resolution 2721. See attached Exhibit B. The previous owners of Lot 1, Block
23, deeded their portion of the "vacated" Prairie Street to the Koehnen's prior to the 1984
additions.
The applicants property is currently for sale. Applicants found out through that
process that Resolution ~.o. 2721 did not meet the statutory criteri~ for a street vaca~on,
pursuant to Minnesota Statute Sec. 412.851. Since Resolution No. 2721 appears to have
failed in its intent, this request is being made by the applicant for a resolution vacating
that portion of Prairie Street described herein on attached Exhibit A.
It should be noted that the first street to the East of Prairie Street and North of
Bluff Street, was vacated pursuant to Resolution No. 5595, on October 16,2001. See
attached Exhibit F.
Minnesota Statute Section 412.851 requires that a majority of the land owners join
in the application. Lester Koehnen and Patricia Koehnen are Trustees for their respective
. ..-
trusts in which each trust owns an undivided one-half interest in Lot 6, Block 17, East
Shakopee, Scott County, Minnesota. Lester and Patricia Koehnen, as Trustees, have
fx~:b';,}- c pC'5e. I
.
. City of Shakopee
Memorandum
TO: Mark Noble, Planner I
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Easement and Right-of-Way (981 Bluff Avenue)
PID NO~: 27-004112-0,27-004113-0
CASE NO.: 05057
DATE: May 23, 2005
The application indicates a request to vacate a portion of the Prairie Street right-of-way,
North of Bluff Avenue.
After reviewing the above referenced application, the engineering department has the
following comments for the applicant a~d the planning department:
1. In the future, Bluff A venue will be reconstructed. This reconstruction may require
. . "... . . '. ," .' . . .....-
future sanitary sewer and storm sewer connections to the North.
2. Future trail improvements along the Minnesota River may require access from Bluff
A venue.
Recommendation
Vacating this portion of Prairie Street would eliminate a potential corridor for future utility
extensions and it would eliminate a potential access point from Bluff A venue. Therefore,
the engineering department recommends denial of the vacation request.
C:\DOCUME-IIKSobotD\LOCALS-1 ITemplCase.Nurnber.OSOS7. V ocote.Eosements (981.BJulT.A ve).doc
PDge 1 of I ~ x ha,;'.} D
JAN-10-2005 16:37 952 233 3801 P.02/03
. '. ; .'
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; , i
RESOLUTION NO. 2721
RESOLUTION OF DISCLAIMER
I ..I
WHEREAS, the fol1o~ng described property is located in the Plat of East
Shakopee, Scott County, Minnesota, which plat has been on file and of rec~rd in
the office of the Scott County ltecorder and the predecessor office of the Register
of Deeds of Scott County for mora than 100 years last past, and
WHEREAS,S~~~.~la6a~lineates a. street north of Bluff Street and described as
follows;
Starting at the Southeast corner of ~ot 6, Block 17, East Shakopee.
according to the recorded plat thereof on file and of record in the
office of the County Recorder in and for SC?tt County, Minnesota,
thence EAst 60 feet parallel to the North line of Spring Street to
the Southwest corner of Lot ~, Block 23, East Shakopee, thence North
along the West line of Lot 1, Block 23, a distance, of 110 feet;
thence West to tne nortneast corner of Lot 6, Block 17, East
Shakopee, thence along the east line of said Lot 6, to the place or
. , beg:inning, and
WHEREAS, said street is not now open and there is no evidence that the subjec.t
property was ever used as a public roadway and is not now so used.
."
THEREFORE, BE IT RESOLV~D. BY THE Shakopee City Council that the City of Shakopee
does not now claim any public interest in the above described property for street
or. roadway purposes and is' not now using the same for $a~d purpose.
P.ssed in ~~~ session of the Sh.kopee City Council held this 6&
day of YfL ' 1~8_. ~ //tJ
. ~.Yor .
a and approved as to form this
of December~ 1986.
EXHIBIT E P A-b S I
Minnesota Statutes 2004, 412.851 .Page 1 ot '2
"l.~!~_ Legislature Home [ Links to the World I Help I A(
. , '" ~~.e!afib,ew&~,i&tr~lf1'-S:ttt.tM:te.s
_ '.:_l;.ll,:'t;f::!_"l!. o"''!' '~~:." .......- t\!t-:- "Jl!;;l.....,t r {~... ?:'4Iil.'.~~...~~~''','
House I Senate I Joint Departments and Commissions I 8111 Search and Status I Statutes, Laws, and Rules
Minnesota Statutes 2004, 412.851
Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota Statutes 2004, Table of Chapters
Table of contents for Chapter 412
412.851 Vacation of streets.
The council may by resolution vacate any street, alley,
public grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition,
the resolution may be adopted only by a vote of four-fifths of
all members of the council. No such vacation shall be made
unless it appears in the interest of the public to do so after a
hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at
least ten days before the hearing. The notice must contain, at
minimum, a copy of the petition or proposed resolution as well
as the time, place, and date of the hearing. In addition, if
the street, alley, public grounds, public way, or any.p~rt
thereof terminates at or abuts upon any public water,' no' ..
vacation shall be made unless written notice of the petition or
proposed resolution is served by certified mail upon the
commissioner of natural resources at least 30 days before the
hearing on the matter. The notice to the commissioner of
natural resources is for notification purposes only and does not
create a right of intervention by the commissioner. After a
resolution of vacation is adopted, the clerk shall prepare a
notice of completion of the proceedings which shall contain the
name of the city, an identification of the vacation, a statement
of the time of completion thereof and a description of the real
estate and lands affected thereby. The notice shall be
presented to the county auditor who shall enter the same in the
transfer records and note upon the instrument, over official
signature, the words "entered in the transfer record." The
notice shall then be filed with the county recorder. Any
failure to file the notice shall not invalidate any such
vacation proceedings.
HIST: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967
c 289 s 15; 1969 c 9s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c
494 s 11; 1976 c 181 s 2; 19~6 c 444;1989' c 183 s 4; 1990 c 433
s 2
txh:b:-l- r
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JAN-10-2005 16:37 952 233 3801 P.03/03
i ..
v ' ' ,
~
CERTIFICATE
The undersigned her.eby certifies, on behalf of the City of
Shakopee, as follows:
1. ) That: she .is fami 1 iar with the fol1owingdescr ibed property,
hereinaf~er referred to as the, "subject property";
starting at the Southeast corner of Lot 6, Block 17, East
Shakopee, according to the recorded plat thereof on file
and of record in the office of the County Recorder in and
for Scott County, Minnesota; thence East 60 feet parallel
to the North line of Bluff Street to the Southwest corner
of Lot '1, .Block 23, East Shakopee 1 thence North along the
West' line of Lot I, Block 23, a distance of 110 feet;
thence West to the northeast corner of Lot 6, Block 17,
East Shakopee" thence along the east line of saia Lot 6,
to the place of beginning.
2. ) That the subject property is located within the plat: of East
Shakopee, which is recorded in the office of the Scott County
Re~order, dated December ~3, 1856.
3.) That there is no evidence that the subject property was ever
used as a public roadway tit being understood that the subject
property is a part, of J?rairie Street as set forth in said plat.
4: . ) That the City of Shakopee does not now cla im any public
interest in . the above-described property" fOX: . street or . roadway ..'
purposes.
Dated: 11)0- ~J l'lf? '7
(),vJdh, d.(~ ,
1 ) City'Cle,
~, .
Approved as to form:
, "
"
Draftea by: ,
John M..Manahan
Attorney wicense 67088
Attorney at Law
287 Marschall Road
Skakopee, MN '55379
f.x h~ b;+ f. fCtl~t 1- ----. - --