HomeMy WebLinkAbout7. Vacation of a portion of a public easement at 706 7th Avenue West-Res. No. 6579
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 07-004
TO: Mayor and City Council
Mark McNeill, City Adminsitrator
FROM: Mark Noble, Planner II
SUBJECT: Vacation of a portion of a public easement at 706 7th Avenue West
MEETING DATE: February 20, 2007
REVIEW PERIOD: December 29,2006 - April 27, 2007.
INTRODUCTION
The City has received a request from Jane Dubois, representing Richard & Kathy
Rodenberg, to consider the vacation of a blanket electrical easement for property located
at 706 7th Avenue West. The applicant is requesting the vacation to allow for clear title of
the existing structures on the site.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the
vacation by a 7-0 vote. Attached for your information is a copy of the Planning
Commission report from the February 8, 2007 Planning Commission meeting.
ALTERNATIVES
1. Approve Resolution No. 6579, a resolution of the City of Shakopee approving
the vacation of a blanket easement at 706 7th Avenue West, with conditions.
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. 6579, and move its adoption.
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Mark ob -
Planner
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RESOLUTION NO. 6579
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN
EASEMENT FOR ELECTRIC PURPOSES AT 706 7TH A VENUE WEST
WHEREAS, it has been made to appear to the Shakopee City Council that a portion of a
public easement at 706 7th Avenue West serves no public use or interest; and
WHEREAS, the easement to be vacated is legally described as:
An easement for electric utility purposes over, under and across the said lot described
below as Parcel No. 1 and Parcel No.2:
Parcel No.1:
Lot 1, Block 1, MarymarkAddition, Scott County, Minnesota; and
Parcel No.2:
All that part of Section 1, Township 115, Range 23, described as follows:
Beginning at a point on the West line of Pierce Street which is 380 feet Southerly along the
said West line of Pierce Street from the NE corner of Block 88; thence continuing on said
West line 19.1 feet to the North line of Section 12, Township 115, Range 23; thence
Westerly along the Section line 70.6 feet to the intersection of the South line of Seventh
Street; thence Easterly on the South line of Seventh Street 68.1 feet to the point of
beginning.
Also known as all that part of Lots 6 and 7, Block 93, City of Shakopee, according to the
plat of Shako pee City on file and of record in the Office of the Register of Deeds in and for
said county and state, and which lies North of the South line of Section 1, Township 115,
Range 23.
(Torrens Certificate Number: 10221).
WHEREAS, a public hearing to consider the action to vacate was held in the Council
Chambers ofthe City Hall in the City of Shakopee at 7:00 P.M. on the 20th day of February, 2007;
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 easement described above serves no further public purpose;
That the easement described above is hereby vacated, subject to the following conditions:
. There shall be provided a minimum often (10) feet of drainage and utility easement
adjacent to the Pierce Street South right-of-way.
. There shall be provided a minimum often (10) feet of drainage and utility easement
adjacent to the 7th Avenue West right-of-way.
. There shall be provided a minimum of five (5) feet of drainage and utility easement
adjacent to the South property line.
. There shall be provided a minimum of five (5) feet of drainage and utility easement
adjacent to the West property line.
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 ,2007.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
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CITY OF SHAKOPEE CD()senL
Memorandum
CASE NO.: 07 -004
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Vacation of a portion of drainage and utility easement at 706 ih Avenue West
MEETING DATE: February 8, 2007
REVIEW PERIOD: December 29,2006 - April 27, 2007.
SITE INFORMATION:
Applicant: Jane Dubois (representing Richard & Kathy Rodenberg)
Property Owner: Melissa Stage & Joshua Gregor (as of 11130/06)
Location: 706 ih Avenue West
Existing Zoning: Old Shakopee Residential (R-IC) Zone
Adjacent Zoning: All adjacent zoning is Old Shakopee Residential (R-I C) Zone
COlnp. Plan: Residential
Acreage: 8711.5 square feet
MUS{\.: The site is within the MUSA boundary.
Attachments: Exhibit A: Location and Zoning Map
Exhibit B: Proposed Easement Plan
Exhibit C: Applicant Narrative
Exhibit D: Engineering Staff Memorandum
INTRODUCTION
The City has received a request from Jane Dubois, representing Richard & Kathy Rodenberg, to
consider the vacation of a blanket electrical easement. The applicant is requesting the vacation to allow
for clear title of the existing structures on the site.
CONSIDERATIONS
The City Council will hold a public hearing on February 20, 2007 to consider this vacation request. A
recommendation from the Planning Commission is required for the vacation process.
The property presently has a blanket easement over the entire parceL This easement was granted to the
City of Shakopee for electrical purposes in 1933. Apparently information regarding the easement was not
well known as the property was platted in 1955 (no easements are identified on this recorded plat), the
existing residence was constructed in 1955, with an addition constructed in 1994 and a detached garage
constructed in 1995. With the recent sale of the property, it was discovered that the blanket easement still
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exists. This vacation request is an attempt to modify the easement in order to eliminate the conflict
between the easement and the existing structures.
City, County and other outside agencies were given the opportunity to review and provide comments
regarding this application. The City Engineering Department has commented that should the entire
electrical easement or portions of the electrical easement be vacated, the applicant shall dedicate drainage
and utility easements. These drainage and utility easements shall be approved by the City Engineer and
shall include, but not be limited, to the following:
. Provide a minimum of ten (10) feet of drainage and utility easement adjacent to the Pierce
Street South right-of-way.
. Provide a minimum of ten (10) feet of drainage and utility easement adjacent to the ih
Avenue West right-of-way.
. Provide a minimum of five (5) feet of drainage and utility easement adjacent to the South
property line.
. Provide a minimum of five (5) feet of drainage and utility easement adjacent to the West
property line.
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Shakopee Public Utilities Commission provided a comment that easement(s) should be retained as shown
on the approved SPUC drawing, which was included with the applicant's submittal.
ALTERNATIVES
1. Recommend to the City Council the approval ofthe vacation, subject to conditions.
2. Recommend to the City Council the approval of the vacation subject to revised 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.
STAFFRECO~NDATION
Staff recommends Alternative No.1, recommend to the City Council approval of the vacation, subject
to conditions noted in this report.
ACTION REQUESTED
Offer and pass a motion recommending approval ofthe vacation, subject to
h:\boaa-pc\2007\02-08\V AC _Rodenberg 07004.doc
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SHAKOPEE 'ty ... ... Shakopee Boundary
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D Parcel Boundary
Vacation of Easements
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City of Shakopee
Memorandum
TO: Mark Noble, Planner n
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Easements (706 ih Avenue West)
PID NO.: 27-001697-0,27-011001-0
CASE NO.: 07004
DATE: January 9, 2007
The application indicates a request to vacate a blanket electrical easement at the above referenced
address.
Recommendation
After reviewing the above referenced application, the engineering department has the following
comments for the applicant and for the planning department:
1. Should the entire electrical easement or portions of the electrical easement be vacated, the
applicant shall dedicate drainage and utility easements. These drainage and utility
easements shall be approved by the City Engineer and shall include, but not be limited, to
the following:
. Provide a minimum of ten (10) feet of drainage and utility easement adjacent to the
Pierce Street South right-of-way.
. Provide a minimum of ten (10) feet of drainage and utility easement adjacent to the
7th Avenue West right-of-way.
. Provide a minimum of five (5) feet of drainage and utility easement adjacent to the
South property line.
. Provide a minimum of five (5) feet of drainage and utility easement adjacent to the
West property line.
CIODeuments and SeltingslMNoblelLoeal SettingslTemporary Internet FileslOLKlDlCase Number 07004 Vacate Easements (706 7th Avenue).doe
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DEC-14-2006 08:51 SHAKOPEE PUBLIC UIILI I!~~ ':I~d44~'('(b' ( t-'.~d
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~ EASEMENT AREA ..,.
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EXHIBIT "A.
Il) An lrCLSeMent ~O'" the elect,..1c; U'tIllty purpose over" I under cmd In
llCI"'OSS 'the ea.sterly 10' and sou1:he,.y 5' of' the said lot
desCl"llled bl!low IlS Parcel No 1 cand Pa.rcel No e..
Po.rcEPl No 1
Loot I, Black 1. Mor)'l'W"k o\dc:ltlon, Scat'!: County. M1nnesl)'l:Oo
(Abs'tNlc:'l: Proplrr-ty)
Parcel No 2
CD AU thd pc,.t of Section 1., Township 115. ROong!' 23. descrIbed II)
Il5 followsl
~g (1.1: (l. pOIrr1: OF' 1:ne 'Jest line of PIerce Stree~ whle:" Is
3 Fee1: SC)\tl:Iwl"ly ..lone 'the ~G1d Vest Unll' of Plen;eStreet
fro", 'the HE C:Orf"l1!r of Blac:k 88, thenc::e c::an'tlnunfne on SAid
West. line 19.1 f'ee1: to the NOI"'th Unit of Sec::'tlon 12. Township
US, Ro.ngep 231 1;henc;tp ",..li"WI'"ly Glon9 the Seetlo" line 70.6 feet
to the Scuth Ill'le of $eoven'th s-t"ee'1ir 'thenc:e Eo.swrly on 'the
South line> of' Severrti'l Stroee't 68.1 feet 'to tN poltlt of
,.... beglnlng. ,...
Also Known As all thllt po.rt of' Lo'ts 6 llM 7 Bloc:k 93. City of
Shakopee, o.c:c:ordlng to the plot of Shclkopee ctty on ftle and
of rK:ord In the Df'f'lc:e of' 'the Rtrg'-1:.".. of' DPeds In and 'or
sold c:ounty Clna $1:Cl'te ond .hlch lies Not"1'h of' the Sovth line
of SlPCtlon 1. T ownshtp U5, Rcmge 23.
(TorT'~ns Ce,.tWlc:ow Nul'lber' 10221) SHAKOPE PUBUC UTIL TIES
7Q6 7'l:n Ave \J. Eosel'len'l:
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25-cx:l'-2006 Page 6/8
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. CHICAGO TITLE INStJRANCE COMPANY
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Schedule A Legal ~5Cripti01l Contmued j
F'llt! Number: 1-23032 :
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PARCEL NO.1
'Ylt 1, BIQck 1, Marymark Addition, Scott Caunty, MiImesota i
(Abstract Propeny) ,
PARCEL NO.2 .
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All that part of Section 1, Township 115. Range 23, described as follows:
BeginIrlng at a point on the West line of Pierce Street which is 380 feet Southerly alo~ the said
West line of Pierce Streetfrom the NE comer of Block 88; thence continui~ on said est line 19.1
feet. to the Nortb line of Section 1~ Township] 15. R~ 23; thence Wester y alo~ the Section line
70.6 feet to tlle intexsection of the South line of Seventh Street; thence Easterlyon eSoutb line of
Seventh S11'eet 68.1 feet to tbe point of beginning.
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ALSO KNOWN AS all that pan of Lots 6 and 7, Block 93, City of Shako pee. according to the plat
of Shakopee Ci~on file and of record in the Office of the Re~ter of Deeds in and for said connty
and state. and w 'chlies North of the South line of Section 1, owmhip 115. Range 23.
(Torrens Certificate Number: 10221) .
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, CHICAGO TITLE INSURANCE COMPANY
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SCHEDUlE ~ .. Exceptions Continued . I
FiloNumbcr: 1-230n
(C) Any charges for municipal services (ie.. water, sewe.r, correction of nuisllllce I
conditions. etc..) are the responsibility of the parties to this transaction. FOT
information regarding the existence of any such bills, contact the appropriate
mUIlicipal office. ,
9. .WARRANTY DEED from Richard D. Rodenberg and Kathleen M. Rodenberg, husband I
and wife, to Joshua M. Gn:gor and Melissa J. Stage colIVeying land descnbed on Schedule
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10. MORTGAGE in the amount of $171.920.00 mnnine Joshua M. Gregor and Melissa J. 'V.
Stage, and spouses if aJI.Y, as mortgagol'S and na.m.U1g Homestead Mortg. as mortgagee.
11. WE REQUIRE that standard foIm Of affidavit. or affidavits, be furnished us at closing.
12. VVE REQt;IRE We~ Oisclosure Certificates be completed in ~ed foJ1D. prior to closing
and furnished at time of closing fOT an deeds which require a Certificate of Real Estate i
Value OR the deed must contain the fono~tatement" "The seller certifies that the I
1< . e seller does not know of aDywcDs on !he descrl d real property." .
: 13. CONFINE OR RELEASE EASEMENT for electrical pUlposes granted to the Ci of
Shakopee as created in Quit Oaim Deed dated October 11, 1933, fUed November~, 1933,
in Book 93 of Deeds on page 616. (Affects Parcel No.1)
14. Note: Identification will be required from an panics required to Sign documents at
closing.
} 5. N?te: The following is not a paIt o~ Schedule B, and is shown for information only. This
will not be incJuded on the fiilal pollCY: .
Please be advised that the Tax Refol"mAet of 1986 requires tbat the foDowiDginfomiB.tion
be provided at closing:
A) Seller's TaK Iden1ification Number or Social Security Number.
B) Seller's fUll address after tbe closing.
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