HomeMy WebLinkAbout6.A. Public Hearing for Vacation of Public Right-of-Way (Alley) Adjacent to 1301 3rd Avenue West-Res. No. 7329 Public Hearings 6• A.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
DATE: 07/16/2013
SUBJECT: Public Hearing for Vacation of Public Right of Way (Alley) Adjacent to 1301 3rd
Avenue West -Res. No. 7329 (B & D)
Action Sought
Miller Property Holdings is requesting that the City Council review and approve their request to
vacate public right -of -way (alley).
Introduction
Miller Property Holdings has submitted an application for vacation of public right -of -way (alley
located north of 3rd Avenue West and west of Vacated Jefferson Street) adjacent to their property
on 3rd Avenue West (see Exhibit A for location), and located between 3rd Avenue West and 2nd
Avenue West/Railroad Tracks.
Discussion
This right -of -way is proposed for vacation as a part of their plan to consolidate their property into
a more manageable legal description. Should the vacation be approved, the applicant would
proceed with a new plat/registered land survey that would consolidate their property. This
segment of alley is 16 feet wide and less than 300 feet in length, is unapproved, and has primarily
been utilized for access to the north side of the applicant's building. Information has been shared
with the adjacent property owners regarding this proposed vacation, and the applicant has stated
they have not heard of any issues with this proposal, nor has staff.
Considerations
Publication in the Valley News was provided with the requisite 10 day public hearing notice at
this time; Comments from staff members and utilities, as well as a recommendation from the
Planning Commission, will be presented to the City Council for consideration.
City departments, Scott County and other outside agencies were given the opportunity to review
and provide comments regarding this application.
The Engineering Department has commented that there is a large trunk storm sewer that is
located within the Jefferson Street right -of -way, and there is a trunk sanitary sewer along the
north side of the property. Should the City approve this request, Engineering would request
easements for these utilities located within and adjacent to the proposed vacated right -of -way
(alley).
Alternatives
1. Approve the vacation request, subject to recording of drainage and utility easements over
portions of the subject area, as described in the City of Shakopee Engineering Department
memorandum, dated 06/25/13.
2. Approve the vacation request, subject to revised conditions.
3. Do not approve the vacation request.
4. Table the decision to allow staff or the applicant time to provide additional information.
Planning Commission Recommendation
The Planning Commission considered the request at its July 11, 2013 meeting, and by a 4 -0 vote,
they recommended Alternative No. 1; recommend to the City Council the approval of the
vacation, subject to recording of drainage and utility easements over portions of the subject area,
as described in the City of Shakopee Engineering Department memorandum, dated 06/25/13.
Action Requested
Approve Resolution No. 7329, a resolution approving a vacation of public right -of -way (alley
located north of 3rd Avenue West and west of Vacated Jefferson Street), and move its adoption.
Attachments: Survey & Aerial
Resolution No. 7329
Eng. memo re: easements
Legal descriptions
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To Miller Property Moldings, LLC, a Minnesota limited
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liability company. 1.41C00 Bank and First American Title
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Ineurance Company:
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This is to certify that thie map or plat and the survey
on which it la tube. were made in accordance wit, the
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2011 Minimum Standard Detail Requirements for ALTA/ACSM
It The , and herein described is situated in the Clty of
Land Title Surveys, jointly astabliehed and adopted Or ,,,.. 1 e Shakopee, County of Scott, State of Minnesota, and is
ALTA end NSPS, and include, Stems of TehI• A thereof.
The field work was completed On MAY T. 20(1 • • ,------- --- ',!,' .
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ed ,*1.a,>.' ›./ 011 l 'n ,, 12 A described as fol
11 \ Ai.i that part of the Southeast Quarter o f the Southosat
Dat this ,(5-4 day of 2. A-
, I Quarter, Section 2. Township 115, Rane 23. and FoSper's
Addition to Shakopee, all in the County of Scott And State
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n . \ \ . . of Minnesota. described se follows.
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Commencing at the seuthwest corner 1000
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.19 _1_ \A---- fi and of record in the Office of the Register of Deeda
in and for eald County, and thence Meat on the North line
of Third Street. sa Feet: thence north 16 rods to the
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a rere --A south , ine of the Thidapo. St. Paul and Omaha lformoriy
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St. Paul. and Sioux City) Railroad right-of-way: thence
East along the south /inv of the aaid railroad right-of-
e \ 1 _ „, , v. ------1 vac to the northwest corner of said Block 10 in Roeper's
,\ 0 AdMiticnf thence running noutherly on the west line of
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sold Block 10 00 the p:ece of beginning,
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MIS \ sF.6 \ ;' 3 Excepting the right-of-say of State Trunk Highway :169
ea now laid out over the north...ter," partion of the -.
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feed above described.
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\ • Containing 72,570 square feet / 1.66597 acres.
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. . NOTES:
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been hek
110MI4UE. ---- • Jefferson Street end the alley. aa dedicated in th
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of cOSPER ADDITION. are unimproved. P@C C. City Clerk
of Sepee neither has 'scat..
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-. • As r aaaaa ched in the County Recorders cffice a the k and Engineering office., there is no eaeement
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indicated on thia drasino.
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Taal* A items aaaaaa ched and oda aaaaa 4 and included Jo
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• this purvey are 1. 2, 6. 7(14), li!a) and 201a)
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. 1 lmrehy certify that thin survey, plea or report
fl/ACS, LAVID TXTLE WIMP . gas prepared Ey me or vole( an drrect acceletston •
and that I am a duly Registered Lend
Preparedfot ' . Surveyor under the av uf the Stste of MI - ' BOERHAVE LAND SURVEYING
nnesot,
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' 0t11ER 00001070 00101000, LLC ::..6-. - e . 6 y 102431911ista Circle MAL
Mc. Lake, Afinnesaa 55472
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Scott County, MN
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Property Information
• Parcel ID: 279020270 Bathrooms: 2
Taxpayer Name: MILLER PROPERTY Year Built: 1967
Taxpayer Addressl: 4698 BAYCLIFFE DR Deeded Acreage: 1.2
Taxpayer Address2: EXCELSIOR, MN 55331 GIS Acreage: 1.88105
Property Addressl: 1301 3 AVE W Zoning Classification:
Property Address2: SHAKOPEE MN 55379 Legal Description: Section 02 Township 115
Range 023 P/0 JEFFERSON ST & P/0 SE1 /4
SE1 /4 COM SW COR BLK 10 KOEPER
ADDN, W 528', N 264', E TO NW COR BLK
School District: 0 Plat Name:
Estimated Land Value: $245,000 Block:
Estimated Buildings Value: $225,000 Lot:
Total Estimated Market Value: $470,000 Unique Well & Boring No.:
Home Style: N/A Well Depth Drilled:
Bedrooms: 0 Well Date Drilled:
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This drawing is neither a legally recorded map nor a survey and is not Map Scale N
intended to be used as one. This drawing is a compilation of records, 1 inch = 111 feet
information, and data located in venous city, county, and state offices, and
other sources affecting the area shown, and is to be used for reference W E rr.1i
purposes only. Scott County is not responsible for any inaccuracies herein M a date
contained. If discrepancies are found, please contact the Scott County P
Surveyors office. 6/11/2013 S / - S 'U
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City of Shakopee
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Right -of -Way (1301 3 Avenue West)
PID NO.: 27- 902027 -0
CASE NO.: 13029
DATE: June 25, 2013
The application indicates a request to vacate the alley right -of -way on the above referenced property.
The property is located north of the 3rd Avenue West and Harrison Street intersection.
The engineering department has completed its review of the vacation request and offers the following
comments at this time for the applicant and for the planning department:
1. A previous request for vacating the Jefferson Street right -of -way on this property was
reviewed. To insure those previous conditions were addressed, they will also be attached
to this review. They are as follows:
• As there is an existing trunk storm sewer near the east property line, the applicant will
provide a minimum of twenty (20) feet of drainage and utility easement adjacent to the
east property line. This easement width will extend from the 3rd Avenue right -of -way to
twenty (20) feet north of the denoted "Beehive MH ". From this point the drainage and
utility easement width can be reduced to ten (10) feet and continue to the
northernmost property line.
• As there is an existing trunk sanitary sewer near the northernmost property line, the
applicant will provide a minimum of ten (10) feet of drainage and utility easement
adjacent to the northernmost property line.
2. As there is an existing trunk sanitary sewer near the northwesternmost property line, the
applicant will provide a minimum of ten (10) feet of drainage and utility easement adjacent
to the northwesternmost property line.
Recommendation
Should the City recommend approval of this request, the engineering department suggests the items
listed above be attached as conditions of the approval.
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EXHIBIT 'A'
All that part of the Southeast Quarter of the Southeast Quarter, Section 2, Township
115, Range 23, and Koeper's Addition to Shakopee, all in the County of Scott and
State of Minnesota, described as follows:
Commencing at the southwest corner of Block 10, Koeper's Addition to Shakopee,
according to the plat thereof on file and of record in the Office of the Register of •
Deeds in and for said county; and thence West on the North line of Third Street, 528
feet; thence north 16 rods to the south line of the Chicago, St. Paul and Omaha
(formerly St. Paul and Sioux City) Railroad right -of -way; thence East along the south
line of said railroad right -of -way to the northwest corner of said Mock 10 in Koeper's
Addition; thence running southerly on the west line of said Block 10 to the place of
beginning,
Excepting the right -of -way of new State Trunk Highway #169 as now laid out over
the northwesterly portion of the land above described.
fi
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EXHIBIT B
The alley intersecting Block 14 of Koeper's Addition to the City of Shakopee according to the
plat thereof on file and of record in the Registrar's Office of Scott County.
•
RESOLUTION NO. 7329
A RESOLUTION APPROVING A VACATION OF PUBLIC RIGHT -OF -WAY (ALLEY)
WHEREAS, it has been made to appear to the Shakopee City Council that public right -of -way
adjacent to 1301 3rd Avenue West (alley located north of 3 Avenue West and west of Vacated
Jefferson Street) is no longer of public use or interest; and
WHEREAS, the public right -of -way (alley) to be vacated is legally described within attached
Exhibit B; and
WHEREAS, the Shakopee Planning Commission considered the request at its meeting of July
11, 2013, and unanimously recommended approval with conditions to the City Council; and
WHEREAS, a public hearing to consider the action to vacate the public easement was held in
the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 16 day of July,
2013; and
WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS
and posted notice will be 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, THAT:
1. It finds and determines that the vacation of the City's interest in public right -of -way adjacent to
1301 3rd Avenue West (alley located north of 3rd Avenue West and west of Vacated Jefferson Street)
hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, THAT:
1. Drainage and utility easements shall be recorded over portions of the subject area, as described
in the City of Shakopee Engineering Department memorandum, dated 06/25/13.
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 , 2013.
Mayor of the City of Shakopee
ATTEST:
Julie Linnihan, City Clerk