HomeMy WebLinkAbout4.A.2. Vacation of Certain Drainage and Utility Easements in Opus MVW and Opus MVW 2nd Addition-Res. No. 7346 ��� Consent Business 4. A. 2.
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kyle Sobota, Planner I
DATE: 08/20/2013
SUBJECT: Vacation of Certain Drainage and Utility Easements in Opus MVW and Opus MVW
2nd Addition-Res. No. 7346 (B)
Action Sought
Offer a motion and adopt Resolution No. 7346, a resolution approving the vacation
of certain Drainage and Utility Easements in both Opus MVW and Opus MVW 2nd Addition,
subject to the dedication of the drainage and utility easements as proposed by the minor
subdivision.
Background
Clark Engineering, representing SanMar, has submitted an application for vacation of portions of
drainage and utility easements in the Opus MVW and Opus MVW 2r,� Addition plats.
The purpose of this application is to prepare for a minar subdivision to adjust a lot line to create a
more marketable parcel southeast of SanMar's building that is zoned Light Industry (I-1). The
proposed parcel is 9.30 acres. The proposed vacation is for utility easements adjacent to the
current lot line. Clark Engineering has already applied for a minor subdivision that contemplates
the vacation of these specific easements, which would make the proposed lot more marketable
for future industrial development. Additional easements that comply with Engineering Design
Criteria are proposed as part of the minor subdivision.
The Planning Department provided notice to other City departments and utility companies. At this
time there are no utility services located in these easements. All comments received during the
review period are in favor of the vacation, provided acceptable drainage and utility easements are
dedicated as part of the minor subdivision adjacent to the relocated lot line.
At the August 8th meeting of the Planning Commission, the Planning Commission unanimously
recommended that the City Council approve the vacation request as presented.
Recommendation
Alternatives:
1. Recommend adoption of Resolution No. 7346, a resolution approving the vacation of the
proposed easements, subject to the dedication of the drainage and utility easements as
proposed by the minor subdivision.
2. Recommend the approval of the vacation, subject to revised conditions.
3. Recommend staff prepare a resolution denying the vacation request for the City Council's
review at their next meeting.
4. Table the decision to allow staff or the applicant time to provide additional information.
Staff recommends Alternative No. 1; the approval of the vacation, subject to the dedication of the
drainage and utility easements proposed by the minor subdivision.
Budget Impact
There is no immediate budget impact from this proposed vacation. If the vacation is approved, the
property will be more marketable for development.
Relationship to Vision
The proposed vacation allows for a more marketable industrial property, which meets the City's
vision and goals of aiding in the creation of additional jobs and development taking place in
an orderly fashion.
Requested Action
Offer a motion and adopt Resolution No. 7346, a resolution approving the vacation of
certain Drainage and Utility Easements in both Opus MVW and Opus MVW 2nd Addition,
slibject to the dedication of the drainage and utility easements as proposed by the minor
subdivision.
Attachments: Easement Vacation Exhibit
Resolution No. 7346
Proposed New Easement/Minor Subdivision Exhibit
EAS E M E NT VACATIO N EX H I BIT EASEMENT VACATION DESCRIPTION
FOR: SANMAR CORPORATION PROPERTY
Those parts of the drainage and utility
easements as dedicated in Lot 2, Block 1, OPUS
L O T 2 j I MVW and Lot 1, Block 1, OPUS MVW 2ND
BLOCK � DRAINAGE & UTILITY EASEMENT� ��' � , ADDITION, according the the recorded plats
PER PLAT OF OPUS MVW \� thereof, Scott County, Minnesota, described as
I � follows:
DRAINAGE & UTILITY EASEMENT� O P U S M V W I � �
PER PLAT OF OPUS MVW � NORTH LINE OF THE SOUTH I o� � geginning at a point on the north line of said
TO BE VACATED � 60.00 FEET OF LOT 2� � �
( ) �� 20 0� m Lot 1, Block 1, OPUS MVW 2ND ADDITION, distant
— N 89'IB'la W 803.18 _ zcv ,,,� 20.01 feet westerly of the northeast corner of
�---�-------------------------�— ----------------------� P.O.B. �o
------� o m
said Lot 1; thence on an assumed bearing of
�� N N I a z North 00 degrees 42 minutes 55 seconds West,
N 89'18'14° W
I — — — — — �— — — — — — — — — parallel with the east line of said Lot 1, a
I � ° / ° � � distance of 25.01 feet; thence North 89 degrees
tO� --------------- — —�--�— 18 minutes 14 seconds West, arallel with the
ol 20 20� — /r-----------� S 89°18'14" E 563.17 i � P
m� � N. LINE OF LOT 1 � NE CORNER OF LOT 1/ I Zp $,�
� north line of said Lot 1, a distance of 603.18
o �/ � o feet; thence South 00 degrees 42 minutes 55
~� �`�' DRAINAGE & UTILITY EASEMENT PER o
� W� ( �� _v NORTH LINE OF THE SOUTH I �� seconds East, parallel with the west line of said
o ( ��r PLAT OF OPUS MVW 2ND ADDITION 60.00 FEET OF LOT 1 � I � � Lot 1,a distance of 180.06 feet to the north line
J �� �� (TO BE VACATED) �� '.d � of the south 245.00 feet of said Lot 2, Block 1;
a a� �� LOT 1 ' � °o thence South 89 degrees 18 minutes 14 seconds
W ol I� BLOCK � � z [� East, parallel with the south line of said Lot 2,
,Z—� �� �� DRAINAGE & UTILITY EASEMENT PER ij �� Block 1, a distance of 40.01 feet; thence North
O P U S M V W P L A T O F O P U S M V W 2 N D A D D I T I O N �r� � 0 0 d e g r e e s 4 2 m i n u t e s 5 5 s e c o n d s W e s t, parallel
3—�—� �o � � with the west line of said Lot 1, a distance of
I I 2ND ADDITION
I� 20 �z � � (�' 135.05 feet; thence South 89 degrees 18
� � I minutes 14 seconds Eas t, para l le l wi t h t he sou th
DRAINAGE & UTILITY EASEMENT PER I o � line of said Lot 1, a distance of 563.17 feet;
�i,�20 PLAT OF OPUS MVW 2ND ADDITION� � J thence North 00 degrees 42 minutes 55 seconds
w� ol �NORTH LINE OF THE SOUTH � � '� � West, parallel with the east line of said Lot 1 to
�� � o� 60.00 FEET OF LOT 1 � � � 20 � � the point of beginning
- �I �L-------------------------------- 1—�— J Z �
� ON _____ ______________ J
� � O O _____
Qo w H N
m �� N w r` ,
Vl v
l��
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zw �
7� I
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1 inch = 60 ft.
(SCALE IN FEE7)
CERTIFICATION:
I hereby certify that this plan, specification, or report was prepared by me or under my direct
supervision, and that I om a duly Licensed Land Surve}ror under the laws of the State of Minnesota.
' � j/ DRA�BY ���, M nneapolDis�MN 55422-0(A9
(763)54S919fi
s��Gs•.sr-,`��'��""'t-- 06�26�2013 s�o 6 711v tt4�q� Faxnes�sai-oose
Croig E.�Jolw�on, LS, CFedS Date q�q�gy pgp,�07�p, �0°«���0�0 �.da&-eng.cmn
Minnesota License No. 44530 Dio CnSJJ.03 a�����
�zoia aa��vti.R►a o�.vaat�
Sheet 1 OF 1
RESOLUTION NO. 7346
A RESOLUTION APPROVING A VACATION OF CERTAIN PUBLIC DRAINAGE AND
UTILITY EASEMENTS IN OPUS MVW AND OPUS MVW 2nD ADDITION PLATS
WHEREAS, Clark Engineering (applicant); and J & J Minneapolis LLC (property owner) has
made an application proposing the vacation of certain public drainage and utility easements in both
Opus MVW and Opus MVW 2°d Addition; and
WHEREAS, it has been made to appear to the Shakopee City Council that certain public of
drainage and utility easements in both Opus MVW and Opus MVW 2°d Addition is no longer of public
use or interest; and
WHEREAS, the public drainage and utility easements to be vacated are legally described
within an attached Exhibit(Easement Vacation); and
WHEREAS, the Shakopee Planning Commission considered the request at its meeting of
August 8, 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 Ciry of Shakopee at 7:00 P.M. on the 20`h day of August,
2013; and
WHEREAS, ten days published notice was provided by publication of the notice in the
SHAKOPEE VALLEY NEWS and posted notice was provided 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 certain public of drainage and utility easements in
both Opus MVW and Opus MVW 2°d Addition hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE,MINNESOTA, THAT:
1. An easement document for the drainage and utility easement areas proposed by the minor
subdivision drawing dated June 26, 2013, will be prepared in favor of the City and SPUC prior to
recording of the proposed minor subdivision. The applicant is responsible for preparation and
recording of the easement document.
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 the session of the City Council of the City of Shakopee, Minnesota, held the
day of , 2013.
Mayor of the City of Shakopee
ATTEST:
Lori Hensen, Deputy City Clerk
i
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