HomeMy WebLinkAbout6.A Public Hearing regarding vacation of public right-of-way and drainage & utility easnents un connection with the plat of South Parkview 1st Addition-Res. No. 7382, Olanning Case No.: 13-043 Public Hearings 6. A.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Senior Planner
DATE: 11/19/2013
SUBJECT: Public Hearing regarding vacation of public right-of-way and drainage & utility
easements in connection with the plat of South Parkview 1st Addition-Res. No. 7382
(B), Planning Case No.: 13-043
Action Sought
Link Construction, Inc. is requesting that the City Council review and approve their request to
vacate public right-of-way/drainage and utility easements.
Discussion
Link Construction, Inc. has submitted an application for a vacation of public
right-of-way/drainage and utility easements in South Parkview 1 st Addition(Vierling Drive and
Park Circle & Park View Terrace—see exhibit). The reason for vacating the 13th Avenue
right-of-way and easements in the subdivision is due to Vierling Drive's realignment to the south
in the 1990's.
Considerations
Publication in the Valley News was provided with the requisite 10 day public hearing notice at
this time; Comments from staff members and utilities, as well as a recommendation from the
Planning Commission, will be presented to the City Council for consideration.
City departments, Scott County and other outside agencies were given the opportunity to review
and provide comments regarding this application. Planning did receive comments from SPUC
and City Engineering, with Engineering requesting that the forthcoming South Park-view 5th
Addition plat will need to dedicate adequate right-of-way and easements as required by City Code
and the City of Shakopee Design Criteria.
Consideration of a vacation and realignment of 13th Avenue (Vierling Drive)was originally
discussed and approved in 1994; however, due to a series of unique circumstances, the inclusion
of this section of property(adjacent to South Parkview 1st Addition)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 this section of right-of-way was never vacated, thus never recorded as such. At
this time, it was determined that the best solution to the circumstances 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 in Outlot D of 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.
Alternatives
1. Approve the vacation of public right-of-way/drainage and utility easements in South Parkview
1st Addition, subject to the dedication of right-of-way and easements as recommended by City
Engineering and SPUC.
2. Approve the vacation of public right-of-way/drainage and utility easements in South Parkview
1st Addition, subject to revised conditions.
3. Do not approve the vacation request.
4. Table the decision to allow staff or the applicant time to provide additional information.
Planning Commission Recommendation
The Planning Commission considered the request at its November 7, 2013 meeting, and by a 5 - 0
vote, they recommended Alternative No. 2; recommend to the City Council the approval of the
vacation of public right-of-way/drainage and utility easements in South Parkview 1st Addition.
Action Requested
Approve Resolution No. 7382, a resolution approving a vacation of public right-of-way/drainage
and utility easements in South Park-view 1st Addition, and move its adoption.
Attachments: Aerial
Staff memos
SPV 5th Plat
Vacation Exhibit
applicant exhibits
Resolution
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City of Shakopee
Memorandum
TO: Mark Noble,Senior Planner
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Right-of-Way and Easements(South Parkview 111 Addition)
CASE NO.: 13043
DATE: October 14, 2013
The application indicates a request to vacate right-of-way and drainage and utility easements in the
South Parkview 1st Addition. The reason for vacating the 131h Avenue and easements in the subdivision
is due to Vierling Drive's realignment to the south.
The engineering department has completed its review of the vacation request and offers the following
comments at this time for the applicant and for the planning department:
1. The forthcoming South Parkview 51h Addition plat will need to dedicate adequate right-of-
way and easements as required by City Code and the City of Shakopee Design Criteria.
Recommendation
Should the City recommend approval of this request, the engineering department suggests the item
listed above be attached as conditions of the approval.
HAENG\EMPLOYEE FOLDERS\JSwentek\Staff.Reviews\Vacate\Case.Number.13043.VacateRW Ease(SP1st).doa
0"d SHAKOPEE PUBLIC UTILITIES COMMISSION
" Lighting the Way - Yesterday, Today and Beyond"
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams,Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Vacation of ROW and Drainage&Utility Easements in South Parkview
CASE NO: 13043
DATE: 10/28/13
COMMENTS:
Municipal water service is available subject to our standard terms and conditions. These
include,but are not limited to: installing a lateral water main distribution system in
accordance with utility policy,paying the associated inspections costs,granting any
necessary easements,paying the Trunk Water Charge, and paying the Water Connection
Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements,and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions.
These are contained in the current City of Shakopee Street Lighting Policy. Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Post Office Box 470 . 255 Sarazin Street • Shakopee,Minnesota 55379-0470
(952)445-1988 . Fax (952) 445-7767 • www.spucweb.com
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13`h Avenue Vacation Description
That part of 13th Avenue as dedicated in SOUTH PARKVIEW 1sT ADDITION, Scott County,
Minnesota, lying westerly of the westerly line of Jefferson Street extended southerly and lying
northerly of a line 40 feet northerly of,measured at a right angle to and parallel with the
following described line:
Commencing at the southeast comer of Northeast Quarter of the Southeast Quarter of Section
11, Township 115,Range 23;thence North 00 degrees 03 minutes 26 seconds East,assumed
bearing, along the east line of said Northeast Quarter of the Southeast Quarter a distance of
140.05 feet;thence South 87 degrees 17 minutes 27 seconds West a distance of 495.65 feet to
the point of beginning of the line to be described; thence continue South 87 degrees 17
minutes 27 seconds West a distance of 410.25 feet;thence southwesterly along a tangential
curve, concave to the south, having a radius of 1000.00 feet and central angle of 25 degrees
07 minutes 34 seconds, a distance of 438.54 feet to the west line of said Northeast Quarter of
the Southeast Quarter and said line there terminating.
Outlot E Wedae Description
That part of Outlot E, SOUTH PARKVIEW 1sT ADDITION, Scott County,Minnesota, lying
northerly of a line 40 feet northerly of,measured at a right angle to and parallel with the
following described line:
Commencing at the southeast corner of Northeast Quarter of the Southeast Quarter of Section
11, Township 115,Range 23;thence North 00 degrees 03 minutes 26 seconds East, assumed
bearing, along the east line of said Northeast Quarter of the Southeast Quarter a distance of
140.05 feet;thence South 87 degrees 17 minutes 27 seconds West a distance of 495.65 feet;
thence continue South 87 degrees 17 minutes 27 seconds West a distance of 410.25 feet to
the point of beginning of the line to be described; thence southwesterly along a tangential
curve, concave to the south, having a radius of 1000.00 feet and central angle of 25 degrees
07 minutes 34 seconds, a distance of 438.54 feet to the west line of said Northeast Quarter of
the Southeast Quarter and said line there terminating.
Parkview Terrace
Parkview Terrace as dedicated in SOUTH PARKVIEW 1sT ADDITION, Scott County,
Minnesota.
Park Circle
Park Circle as dedicated in SOUTH PARKVIEW 11T ADDITION, Scott County,Minnesota.
Easements
All drainage and utility easements in Outlet D as dedicated in SOUTH PARKVIEW
1sT ADDITION, Scott County,Minnesota.
SOUTH PARKVIEW I ST ADDITION
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S.A.P. 166-104-02 $ 1c
RESOLUTION NO. 7382
A RESOLUTION APPROVING A VACATION OF CERTAIN PUBLIC RIGHT-OF-
WAY/DRAINAGE AND UTILITY EASEMENTS IN SOUTH PARKVIEW FIRST ADDITION
WHEREAS, Link Construction, Inc. (applicant and property owner) has made application
proposing the vacation of certain public right-of-way/drainage and utility easements in South Parkview
1 st Addition; and
WHEREAS, it has been made to appear to the Shakopee City Council that certain public right-
of-way/drainage and utility easements in South Parkview 1st Addition are no longer of public use or
interest; and
WHEREAS, the public right-of-way/drainage and utility easements to be vacated are legally
described within an attached Exhibit(Vacation Exhibit); and
WHEREAS, the Shakopee Planning Commission considered the request at its meeting of
November 7, 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 City of Shakopee at 7:00 P.M. on the 19a' day of
November, 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 right-of-way/drainage and utility
easements in South Parkview 1 st Addition hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE,MINNESOTA,THAT:
1. Drainage and utility easement areas will be provided in favor of the City and SPUC as part of
South Parkview Fifth Addition.
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:
Julie Linnihan, City Clerk