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Home My WebLink About5.B.1. Authorization to Execute Encroachment Agreement & 13 · /~ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Authorization to Execute Encroachment Agreement MEETING DATE: April 4, 2006 CASE NO.: NA DISCUSSION The Shakopee Board of Adjustment and Appeals (HOAA) approved Resolution No. PC05-065. This resolution approved a Conditional Use Permit (CUP) to allow a Class II restaurant within the Southbridge Crossings development. The proposed restaurant is a Chipotle Mexican Grill north of Southbridge Parkway and west of CSAH 18. Please find attached a copy of Resolution No. PC05-065. Condition no. 12 reads as follows: "Since portions of the parking lot are proposed to be located within a drainage and utility easement, the applicant shall be required to enter into an encroachment agreement with the City." An encroachment agreement has been prepared and reviewed by the Engineering Department and the City Attorney. Based on these reviews, no modifications or revisions are suggested. However, the City Attorney has advised that the City Council must authorize execution of the encroachment agreement. Please find attached a copy of the encroachment agreement. STAFF RECOMMENDATION Staff recommends that the City Council authorize the appropriate City officials to execute the encroachment agreement for the Chipotle Mexican Grill site. RELATIONSHIP TO GOALS This action supports Goal F. Housekeeping. The requested action is a procedural matter. ACTION REQUESTED Offer a motion to authorize the appropriate City officials to execute the encroachment agreement. ~~ ulie Klima Planner II h:\cc\2006\04-04\encroachment agreement chipotle.doc ~)(H1Brf A ,\ , . , . RESOLUTION NO. PC05-065 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CLASS n RESTAURANT IN THE COMMUNITY COMMERCIAL (ec) ZONE WHEREAS, Chipolte Mexican Grill, Inc., applicant, and Shakopee Crossings Limited Partnership, property owner, have filed an application for a Conditional Use Permit to allow a Class IT restaurant under the provisions of Chapter 11 (Zoning) of the Shakopee City Code, Section 11.37, Community Commercial eCC) Zone, Subd. 3. (Conditional Uses); and WHEREAS, this parcel is presently zoned Community Commercial (CC)Zone; and WHEREAS, the property upon which the request is being made is legally described as attached on Exhibit 1; and WHEREAS, notice was provided and on June 9, 2005, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application forConclitional Use Permit No. PC05~065 is hereby GRANTED, subject to the following conditions: 1. Development of the site shall generally comply with the submitted site plan, dated April 28,.2005, except as specifically conditioned as follows. 2. Any proposed site lighting shall be directed on site (toward the structure, parking areas, etc.) and shall comply with the lighting requirements of the City Code. 3. Trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. 4. Sign pennits are required for all signs, and shall be consistent with City Code regulations. 5. The applicant shall be required to submit a landscaping bond in an amount equal to 115% of the value of the landscaping to ensure compliance during the first year after planting. 6. The approval of the CUP shall be contingent upon the approval of a Minor Subdivision and the approval of a vacation of drainage and utility easements for Lots 6 & 7 of Block 1, Southbridge Crossings 3rd Addition. ' 7. The building permit applicant shall be responsible for payment of all Trunk Storm Water charges, Trunk Storm Water Storage and Treatment charges and other fees as required by the City's adopted fee schedule. 8. The applicant shall obtain the necessary grading permits, building pemrlts and right-of- way permits prior to construction. 9. The applicantshall obtain a NPDES pennit prior to any land disturbing activity. 10. The applicant shall remove the proposed.sign and the proposed light pole from within the existing drainage and utility easements. 11. The applicant shall remove all portions of the parking lot from within fifteen (15) feet of the easternmost property line. 4 " 12. Since portions of the parkil1g lot are proposed to be located within a drainage and utility easement, the applicant shall be required to enter into an encroachment agreement with the City. 13. The approval of the CUP does not constitute approval of the submitted plan set. 14. Compliance with perfonmll1ce and design standards of the City Code wi~ be verified at th~ time of building penl1it issuance. 15. The applicant shall be required to comply with any restrictions imposed as part of the liquor license or imposed by the Police Department relative to the outdoor seating area. 16. Fire protection shall be required for the trash enclosure. 17. The site shall be fully sprinldered per state building code chapter 1306 If this Conditional Use Permit is not utilized within oneyear from this date; or if it is discontinued for a period of six months, . it shall become void. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this 9th day of June 2005. ~~ Chair of the Board of Adjustment and Appeals ATTEST: /d:~L~~ Community Development Director 5 ~X.H I B 11" .13 CONSENT AND AGREEMENT This Consent and Agreement (this "Agreement") is made as of the _ day of March, 2006, by and between the City of Shakopee, Minnesota, a municipal corporation (the "City"), and CRICCHIP ACQUISITION COMPANY II, LLC, a Delaware limited liability company ("CRICCHIP"). RECITALS: A. CRICCHIP has recently acquired a parcel of vacant land at 8094 Old Carriage Court North, Shakopee, Minnesota, which parcel is more particularly described on Exhibit A ("Property") attached hereto. CRlCCHIP intends to build an asphalt parking lot and drive lanes ("Parking Improvements") over a portion of the eastern and southern portion of the Property in the locations described on Exhibit B attached hereto ("Party Improvement Areas"). B. Pursuant to the Plat of SOUTHBRIDGE CROSSINGS THIRD ADDITION, Scott County, Minnesota, filed in the records of Scott County, Minnesota, the City is the holder of platted easements for drainage and utilities covering the Southern and the Eastern portions of the Property ("Easement Areas"). C. CRlCCHIP has requested, and the City has agreed, that CRlCCHIP may construct the Parking Improvements over the Easement Areas. AGREEMENTS: NOW, THEREFORE, in consideration of the above premises, and for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The City consents to the encroachment of the Parking Improvements over the Easement Area and grants permission to CRICCHIP and its tenants to maintain, operate and use the Parking Improvements over the Easements. 2. In the event the City needs to maintain, operate, repair or remove any drainage or utility improvements located within the Easements and the Parking Improvements interfere with such maintenance, operation, repair or removal, CRlCCHIP agrees to pay the cost of removing the necessary portion of the Parking Improvements in order for the City to exercise its easement rights and thereafter restoring or reinstalling the portion of the Parking Improvements that were removed. 3. This Agreement shall run with the land and shall insure to the benefit of and be binding upon the parties hereto and theirrespective successors and assigns. 4. CRICCHIP shall indemnify, hold harmless and defend the City, its officers, employees and agents, from and against any and all damages, liability, fees (including attorneys' fees), penalties, and claims, including without limitation, those for personal injury, wrongful death or property damage arising {00047604! I} out of or related to the use of any portion of the Easements, except due to the negligence, willful misconduct or intentional wrong of the City or its officers, employees or agents. 5. CRICCHIP agrees not to suffer or allow any prior liens to be placed against the Citis rights to or interest in the Easements as a result of CRICCHIP use of the Easements, including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, or alteration of the Parking Improvements. [Remainder of Page Intentionally Left Blank; Signature Page Follows] {00047604/ I} IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and. year fIrst written above. CITY: CITY OF SHAKOPEE By: Its Mayor Its City Administrator Its City Clerk OIRE: CRICCHIP ACQUISITION COMPANY II, LLC, a Delaware limited liability company - By: 1N~f:' '~ ~ Name:H. . 'tJR.tE J ~ ' Title: /t(;nffjRJeED ffRJ;ON STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of March, 2006, by , ; and the mayor, city administrator, and clerk of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public STATE OF MASSACIDJSETTS ) ) ss. COUNTY OF SUFFOLK ) fee liar ,J11e fore ~g instrument was acknp;jdged before me this, J3 day of March, 2006, by ()N~ , 'a ML, the 4tJ'HwN ~~ of CRICCHIP ACQUISITION CO ANY II, LLC, a Delaware limited liability c pany. ~10ANA PAL Notary Public ~ Notary Public ", ~Commonwea~h of Massachusetts MV Commission Expires Aj;lfll@Q, fWi2 {00047604/ I} EXHIBIT A Legal Description of Parcel Lot 6, Block 1, SOUTHBRIDGE CROSSINGS THIRD ADDITION, according to the recorded plat thereof, Scott County, Minnesota, except that part lying North and East of a line described as follows: Commencing at the Southwest comer of said Lot 5; thence on an assumed bearing of South 24 degrees 32 minutes 03 seconds West along the Northwest lineof said Lot 6, a distance of 84.00 feet to the point of beginning of the line to be described; thence South 65 degrees 24 minutes 00 seconds East, parallel with the Southwest line of said Lot 5, a distance of292.50feet to a point on the Southeast line of said Lot 6 there terminating. , TOGETHER WITH: That part of Lot 7, Block 1, said SOUTHBRIDGE CROSSINGS THIRD ADDITION, lying North and East of a line described as follows: Commencing at the Northwest comer of said Lot 7; thence South 45 degrees 46 minutes 10 seconds West, assumed bearing along the Northwesterly line of said Lot 7, a distance of 20.00 feet to the point of beginning of the line to be described; thence South 44 degrees 13 minutes 50 seconds East, a distance of 50.48 feet; thence South 65 degrees 24 minutes 00 seconds East, a distance of 256.19 feet to the Southeast line of said Lot 7 and said line there terminating. Together with easements contained in Document No. 626435 as amended by Document No. 667998. {00047604/ I}