HomeMy WebLinkAbout15.A.1. release of Easement-Res. No. 6304
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CITY OF SHAKO PEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Release of Easement
DATE: October 4, 2005
CASELOG NO.: 05-108
INTRODUCTION
The City has received a request to release an easement located at 2440 Valley View Road.
The easement was created in 1975 in favor of Minnesota Valley Electric Corporation
(MVEC). In 1998, the easement was then assigned to the City on behalf of Shakopee Public
Utilities because SPUC, at thattime, was unable to hold land.
The subject site has recently been sold and the associated title work brought attention to this
easement. The other lots within the development which have been sold used a different title
company for the transaction. The other title company did not raise this easement as an issue
and no action was requested by the City. The applicant has also requested that SPUC
release its interest in the easement. The SPUC Commission is scheduled to review this
request at its October 3 meeting. On October 4, city staffwill provide the Council with an
update of the action taken at the October 3 SPUC meeting.
City staff has conversed with SPUC staff regarding this request, and it appears from those
conversations, that SPUC is likely to recommend that the City initiate a vacation process for
this easement. The vacation is recommended by SPUC in part due to the easement affecting
property across Audrella Addition, as a whole, and adjacent properties. In anticipation of
the possibility ofthat request being forwarded to the City, staff has prepared a resolution
setting a public hearing date for consideration by the Council.
ALTERNATIVES
1. Approve Resolution No. 6304, setting a public hearing for the vacation of easement
as presented.
2. Approve Resolution No. 6304, setting the public hearing for the vacation of
easement with revisions.
3. Approve the release of easement.
4. Do not approve the proposed release of easement.
5. Table the matter for additional information.
I
.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6304, A Resolution setting a public hearing for.
the vacation of easement, and move its adoption.
h:\cc\2005\1 0-04\easementrelease051 08.doc
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RESOLUTION NO. 6304
A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE
VACATION OF AN EASEMENT LOCATED ALONG V ALLEY VIEW ROAD
WHEREAS, it has been made to appear to the Shakopee City Council that the
easement serves no public use or interest; and
WHEREAS, a public hearing must be held before an action to vacate can be taken
and two weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE
V ALLEY NEWS and posted notice will be given by posting such notice on the bulletin
board on the main floor ofthe 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.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council
Chambers on the 15th day of November, 2005, at 7:00 P.M. or thereafter, on the matter of
vacating a drainage and utility easement along Valley View Road.
Adopted in the session of the City Council of the City of Shakopee,
Minnesota, held the 4th day of October, 2005.
Mayor of the City of Shakopee
ATTEST:
Judith S.Cox, City Clerk
3
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