HomeMy WebLinkAbout4.A.2. Vacation of Right-Of-Way/Drainage & Utility Easements in south Parkview 1st Addition-Res. No. 7366 (B) Consent Business 4. A. 2.
SHAKOPE E
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
DATE: 10/01/2013
SUBJECT: Vacation of Right-Of-Way/Drainage &Utility Easements in South Parkview 1 st
Addition-Res. No. 7366 (B)
Action Sought
Link Construction, Inc. is requesting that the City Council set a public hearing date to consider
their application request for a vacation of public right-of-way/drainage and utility easements.
Introduction
Link Construction, Inc. has submitted an application for vacation of public right-of-ways and
drainage & utility easements in South Parkview 1st Addition. (Vierling Drive and Park Circle&
Park View Terrace—see exhibit). The attached Resolution No. 7366 sets a public hearing date to
consider the vacation request.
Background/Discussion
The attached resolution sets a public hearing for Tuesday,November 19, 2013. On that date,
comments from staff members and utilities, as well as a recommendation from the Planning
Commission, will be presented to the City Council for consideration. The Planning Commission
will consider the request at its November 7, 2013 meeting.
Consideration of this item was originally discussed in 1994; however, due to a series of unique
circumstances, the inclusion of this property was omitted from the vacation request at that time.
In reviewing the Title Opinion in preparation of recording the Final Plat of South Parkview 5th
Addition(approved in 2005, extended thru 2015 if necessary), it was discovered that the section
of right-of-way for 13th Avenue (now known as Vierling Drive) was never recorded. At this
time, it was determined that the best solution was to request a vacation of this right-of-way in
addition to the right-of-way of Park View Terrace and, Park Circle, and the drainage & utility
easements from Outlot D in South Parkview 1st Addition. The applicant has been and will
continue to work with staff in efforts to record the South Parkview 5th Addition Plat and the
Developer's Agreement for this project, which will include the correct right-of-ways and drainage
&utility easements.
Recommendation
Staff recommends that the Council adopt the attached resolution setting a public hearing date for
the vacation of public right-of-way/drainage and utility easements request from Link
Construction, Inc.
Relationship to Visioning
This item relates to goal B: Positively manage the challenges and opportunities presented by
growth, development and change.
Action Requested
Approve Resolution No.7366, a resolution setting the public hearing date to consider the vacation
of public right-of-way/drainage and utility easements.
Attachments: Resolution
aerial map
vacation exhibits
RESOLUTION NO. 7366
A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE
VACATION OF PUBLIC RIGHT-OF-WAY/DRAINAGE &UTILITY
EASEMENTS IN SOUTH PARKVIEW 1sT ADDITION
WHEREAS,it has been made to appear to the Shakopee City Council that public
right-of-way/drainage and utility easements in South Parkview 1St Addition are no longer of
public use or interest; and
WHEREAS,a public hearing must be held before an action to vacate can be taken
and two weeks published and posted notice thereof must be given.
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 a hearing be held in the Council
Chambers on the 19th day of November, 2013, at 7:00 P.M. or thereafter, on the matter of
vacating public right-of-way/drainage and utility easements in South Parkview 1St Addition.
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
Scott County, MN
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