HomeMy WebLinkAbout15.A.1. Vacation of a 60-foot portionof Prairie Street and a retention of a 20-foot drainage and utility easement at 981 Bluff Avenue-Res. No. 6263
IS: ft. 1,
CITY OF SHAKOPEE
Memorandum CONSENT
CASE NO.: 05-057
Mayor and City Council
TO:
Mark McNeill, City Administrator
FROM: Kyle Sobota, Planner I
RE: Vacation of a 60-foot portion of Prairie Street and retention of a 20-foot drainage
and utility easement at 981 Bluff A venue East
DATE: July 5, 2005
INTRODUCTION
On June 21, 2005 the Council tabled this matter for further discussion between the applicant, the
City Attorney and staff, and review by the City Attorney. As a result of that discussion, it was
agreed that the appropriate way to handle the matter is for the Council to adopt a vacation resolution
and retain a 20-foot easement, and also that the current property owner convey a 20-foot drainage
and utility easement to the City. The property owner has agreed to separately grant to the City a 20-
foot easement. The city attorney has reviewed the matter, and has concluded that the Resolution
adopted by the city council in 1979 "disclaiming" its interest in Prairie Street did not result in a
"vacation" of the street and therefore it is appropriate for the city council to adopt a new resolution.
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.
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 REOUESTED
Offer a motion adopting Resolution No. 6263 vacating the entire 60-foot width of Prairie Street, and
directing the City Attorney to release the resolution for recordiug ouly upon rec~ted easement
agreement. :i!ft!.
Planner I
g: \cc\2005\06- 21 \Koehnen VacationPrairieSt.doc
G:\CC\2005\07 -05\Koehnen VacationPrairieSrevt.doc 1
RESOLUTION NO. 6263
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
60 FEET OF PRAIRIE STREET LYING NORTH OF BLUFF AVENUE
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, Right -of-Way; 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 the
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 fmds and determines that the vacation hereinafter described is in the public interest;
That the Right-of-Way described above serves no further public purpose; and
That the Right-of-Way described above is hereby vacated, subject to the following condition;
1. The easterly 20 feet of the Right -of-Way is retained as a drainage and utility easement.
G:\CC\2005\07 -05\Koehnen V acationPrairieSrevt.doc 2
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
G:\CC\2005\07 -05\Koehnen V acationPrairieSrevt.doc 3
CERTIFICA TION OF RESOLUTION NO. 6263
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. 6263, 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
G: \CC\2005\07 -05\Koehnen VacationPrairieSrevt.doc 4