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Home My WebLink About9.B. Vacation of Easement-Res. No. 6327 '18., CITY OF SHAKOPEE Memorandum CASE NO.: 05-108 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement MEETING DATE: November 15,2005 INTRODUCTION The City Council initiated a vacation of easement located south of Valley View Road within Audrella Addition at its October 4 meeting. The easement was granted to Minnesota Valley Electric Corporation in 1975. In 1998, the easement was then assigned to the City on behalf of Shakopee Public Utilities because SPUC, at that time, was unable to hold land. Please see Exhibit A for location. 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 November 3, 2005, Planning Commission meeting. ALTERNATIVES 1. Approve Resolution No. 6327, a resolution of the City of Shakopee approving the vacation of easement identified in Document No. 406925 for Lots 1 through 9 Block 1, Audrella Addition. 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. 6327, and move its adoption. ~ <;a' -< Ui.. /0~ , Julie Klima Planner II h:\cc\2005\11-15\vacmvec05108.doc RESOLUTION NO. 6327 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING EASEMENT WITIllN AUDRELLA ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that easement located south of Valley View Road and east ofCSAH 17 serves no public use or interest; and WHEREAS, the easement to be vacated is legally described in Document No. 406925 and is located on Lots 1 through 9, Block 1, Audrella Addition; 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 Shako pee at 7:00 P.M. on the 15th day of November, 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 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 ofthe 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 -:rJ:8 COf\ serre CITY OF SHAKOPEE Memorandum CASE NO,: 05-108 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement in Audrella Addition MEETING DATE: November 3, 2005 SITE INFORMATION: Applicant: City of Shakopee Location: Audrella Addition (south of Valley View Road and east of CSAH 17 - see Exhibit A) INTRODUCTION The City Council initiated a vacation of easement located south of Valley View Road within Audrella Addition at its October 4 meeting. The easement was granted to Minnesota Valley Electric C01poration in 1975. In 1998, the easement was then assigned to the City on behalf of Shakopee Public Utilities because SPUC, at that time, was unableto hold land. The city became aware of this issue as part of the sale of one of the lots within Audrella Addition. The property owner requested a release of easement and SPUC recommended that the City vacate the easement. The easement requested for vacation is only that which is provided for in Document No. 406925. The other easements, including but not limited to perimeter drainage and utility easements, are not to be vacated. CONSIDERATIONS The City Council will hold a public hearing on Tuesday, November 15, 2005 to consider tills vacation request. A recommendation from the Planning Commission is required for the vacation process. The easement proposed for vacation is an easement for electrical purposes and SPUC (the electrical provider) is supportive of the easement vacation for Lots 1 through 9, Block 1. SPUC is recommending that the easement be retained over Outlot A. ALTERNATIVES 1. Recommend to the City'Council the approval of the vacation of easement identified in Document No. 406925 for Lots 1 through 9, Block 1, Audrella Addition. 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. 1 recommend to the City Council approval of the vacation of easement identified in Document No. 406925 for Lots 1 through 9 Block 1, Audrella Addition. ACTION REQUESTED Offer and pass.a motion recommending approval of the vacation. h:\boaa-pc\2005\11-03\vacaudrella05108.doc Shakopee - Location Maps Page 1 of 1 AG RR ~ N' _ Subject Property W.E SHAKOPEE ........ ShaKopee Boundary COMMUNITYPRlDESINCE 1857 S c:J Zoning Boundary c=J Parc.el Bounoary Vacation of Electrical Easement http://gis.logis.org/shakopee/locationmap/map,asp ?tltle= V acation+of+ Electrical+ Easeme... 10/27/2005 :M'O,4I.oS9N ~S'9m .' i ...",\C_ . r ')../ ~ \.\ ...1' . \ ' ~, y ~ " 0'\<0 -t-'J - -- ./ ~ . \..f("\/"""'"\ "- _'_IIV...I "f1~IA I :, '\. .)\.J,,,uC:J "'- \ - ...-- ""'" \ l\'('~-\ _. - . I'll ' ... ,\('\("\J \ 09 J d"("\\ ,0_.1 \.:.. J \I.J..- - ..> --.... ""'-. Cd /c V lJ ?II HX3 ---- - ........., / . "- . ...... t. ... A!lsignment of Easement by Ct. . ,)ration EXHIBIT C- . transfex . '" entered; Ce';tificate of Real Estate 406925 Value ( ) filed ( ~t required ODe. ' - \C\~ Certificate of Real Estate Value No. 9.......1P._? , 19$ twnCS or ~ ~:II'J;:ltIll . tan:: c=m'. __C'G.~ .. :Ji.ii~= IDA ,-' " . ~y Aud1<"" by l'aCI~ ',' Deputy ~CRA~:U=~ . DEED fAX DUE .$ (~; ~.....- ,^Vf.C. ~ . lrellll! ved for %'eco.r:cl.ing dat.a) Date: FOR VALUABLE CONSIDERATION. MinnesotD VAlley ;Elect::x'ic cooperative, an 1nco~orated cooperative association organi2ed under the lAws of tlhe State ot Kinnesota, ~rltnto.r, hereby sclls,assigns, conveY$, grants, quitclaims and tI'ansfe%s unto the city ot Sh&k~ee, a M1nnes~~ municipal corporation, Gl'4ntee, Grantor's interest in that certain Easement. ted AUtl:t 13, 1975 made 'Dy Robert Larsen 4a owner to Minn4lsota Va.tley Electric cooperativaand f eel for teco.rd on Augus~ 11, 1976 u Document No. 151340 in thfl office of the count.y Recorder of Scott. county, Minnesota, cO\fering teal propez:ty in Scott County, HLnne50ta described as follows: The No%theast.erly 105 feet parallel and adjacent to the Center Line of A Town Road within the following described t::x'act ot land: !'lhat part of the Eut ~ of the: Southwest ~ of SeQtion 17, Township 115, ~nge 22. Sect.t County, lying SOUth and East of the Following Described line: Beginning at a. point on t.he South J.1ne cf said ElUlt ~ of the Southwest ~ cliJ!ltant 200 feat East of the SoUthwe3t coxneI' thereat; thence Northerly at an angle of 59 It 53' :20" (as measured. East. to Noxth) .. disunce of 623.76 feet to the CenteJ: Line of a Town :Road: thence southh.lteJ:ly along said Centerline a distance of 107S feet ZllOJ:& or leslI to it. .int.era8ction with the EIl.st line of said Eut =11 of the Southwe!lt ~ aftd there terminating. togetheJ: with 411 hereditaments and appurtenances belonging thereto. GlU\N'l'OR By: Its : Check here if part or all ot the land C 've1 DRAnED B~: a~.Q1Q ~V.~Qe~, J.. (tGZSO~) W1111~ J. HAS~ln~ 1'42110) KIlJ.m ..e fl!M~, ftl! ':I:'h.:L.. 2~OO World !~Ade Centlf 30 East seventh Street st. Paul, Minnesota 55101-4904 (612) 229-2900 City of shakopee 123 south Holmes St~e&t S~kop8et Minnesota 55319 I: IJson ,1 :WJH: 12118119"