HomeMy WebLinkAbout9. Proposed Vacation of Alley/Public Right-of-Way-Res. No. 6620
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 07-023
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner IT
SUBJECT: Vacation of the easterly 180 feet ofthe alley/public right-of-way in
Block 7 of the East Shakopee Plat (located adjacent to 738 1st
A venue East)
MEETING DATE: June 19,2007
REVIEW PERIOD: April 27, 2007 - August 24, 2007
INTRODUCTION
The City has received a request from Fendler Patterson Construction, representing
Minnesota Com Growers Association, to consider the vacation of the easterly 180 feet of
the alley/public right-of-way in Block 7 of the East Shakopee Plat (located adjacent to 738
1 st Avenue East). The property of the Minnesota Com Growers Association presently
consists of Lots 1 thru 8, which are divided by the alley that runs east/west thru the block.
There also exist a business and a residence on Lots 9 & 10; the portion of alley that is
adjacent to those properties will remain. If approved, the applicant will proceed with a plat
application to complete the consolidation process. As there exist overhead and buried
utilities in the alley, including electric and gas, the applicant has been working with staff
and the utility companies to ensure that accessibility to the utilities and access thru this alley
will not be impacted.
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 June 7,2007 Planning Commission meeting.
ALTERNATIVES
1. Approve Resolution No. 6620, a resolution of the City of Shakopee approving
the vacation of the easterly 180 feet of the alley/public right-of-way in Block 7
of the East Shakopee Plat (located adjacent to 738 1st Avenue East), subject to
the following conditions:
a. The applicant shall dedicate a drainage and utility easement, in place of the
right-of-way, so as to adequately encompass the alignment of existing
utilities. These drainage and utility easements shall be approved by the
City Engineer.
b. The vacation of the right-of-way shall in no way eliminate access to the
two existing buildings located west of the Com Grower's building.
c. An easement for Shakopee Public Utilities Commission shall be retained for
the existing utilities in the alley over the entire alley right-of-way being
vacated.
d. The applicant shall reserve an easement to CenterPoint Energy, created by and
within the document establishing the street vacation and filed with the Scott
County Recorders office, over all of the area of the proposed alley vacation.
They would entertain removing this condition should the petitioner wish to
reimburse CenterPoint Energy the cost of relocating the existing gas main.
e. Qwest shall retain all rights concerning the present Qwest facilities in this alley
right-of-way, as the existing underground plant services Qwest customers to
the east of this location. Any required relocation is 100% billable to the
requesting party and a legal decrypted location would be required for Qwest to
relocate its facilities to said location.
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. 6620, and move its adoption.
~
Planner
h:\cc\2007\06-19\ V AC _Com Growers 07023.doc
RESOLUTION NO. 6620
A RESOLUTION OF THE CITY OF SRAKOPEE VACATING THE EASTERLY 180
FEET OF THE ALLEY/PUBLIC RIGHT-OF-WAY IN BLOCK 7 OF THE EAST
SHAKOPEE PLAT (LOCATED ADJACENT TO 7381sT AVENUE EAST)
WHEREAS, it has been made to appear to the Shakopee City Council that the easterly 180
feet of the alley/public right-of-way in Block 7 of the East Shakopee Plat (located adjacent to 738
1 st Avenue East) serves no public use or interest; and
WHEREAS, the alley/public right-of-way to be vacated is legally described as:
Beginning at the southwest corner of Lot 8, said Block 7; thence southerly along the southerly
extension of the westerly line of said Lot 8 to the northerly line of Lot 3, said Block 7; thence
easterly along the northerly line of Lots 3, 4, and 5, said Block 7 to the easterly line of said Block 7;
thence northerly along said easterly line of Block 7 to the southerly line of Lot 6, said Block 7;
thence westerly along the southerly line of Lots 6, 7, and 8, said Block 7 to the point of beginning;
and
WHEREAS, a public hearing to consider the action to vacate was held in the Council
Chambers of the City Hall in the City of Shakopee at 7 :00 P.M. on the 19th day of June, 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 finds and determines that the vacation hereinafter described is in the public interest;
That the alley/public right-of-way described above serves no further public purpose;
That the alley/public right-of-way described above is hereby vacated, subject to the
following conditions:
a. The applicant shall dedicate a drainage and utility easement, in place of the
right-of-way, so as to adequately encompass the alignment of existing utilities.
These drainage and utility easements shall be approved by the City Engineer.
b. The vacation of the right-of-way shall in no way eliminate access to the two
existing buildings located west of the Com Grower's building; they shall retain
access to the alley from the west (Market Street).
c. An easement for Shakopee Public Utilities Commission shall be retained for the
existing utilities in the alley over the entire alley right-of-way being vacated.
d. The applicant shall reserve an easement to CenterPoint Energy, created by and within
the document establishing the street vacation and filed with the Scott County
Recorders office, over all of the area of the proposed alley vacation. They would
entertain removing this condition should the petitioner wish to reimburse CenterPoint
Energy the cost of relocating the existing gas main.
e. Qwest shall retain all rights concerning the present Qwest facilities in this alley right-
of-way, as the existing underground plant services Qwest customers to the east of this
location. Any required relocation is 100% billable to the requesting party and a legal
decrypted location would be required for Qwest to relocate its facilities to said
location.
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
.
J:1
CITY OF SHAKOPEE
Memorandum
CASE NO.: 07 -023
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Vacation of the easterly 180 feet of the alley/public right-of-way in Block 7 of the
East Shakopee Plat (located adj acent to 738 1 st A venue East)
MEETING DATE: June 7, 2007
REVIEW PERIOD: April 27, 2007 - August 24,2007
SITE INFORMATION:
Applicant: Fendler Patterson Construction
Property Owner: Minnesota Corn Growers Association
Location: 738 1st Avenue East
Existing Zoning: Highway Business (B-1) Zone
Adjacent Zoning: North: Highway Business (B-1) Zone
East: Highway Business (B-1) Zone
South: Old Shakopee Residential (R-l C) Zone
West: Highway Business (B-1) Zone
Compo Plan: Commercial
Acreage:
MUSA: 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 Fendler Patterson Construction, representing Minnesota Corn
Growers Association, to consider the vacation of the easterly 180 feet of the alley/public right-of-way in
Block 7 of the East Shakopee Plat (located adjacent to 738 1 st A venue East). The applicant is requesting
the vacation to allow for the consolidation of their property (they own Lots 1 thru 8). If approved, the
applicant will proceed with a plat application to complete the consolidation process. As there exist
overhead and buried utilities in the alley, including electric and gas, the applicant has been working
with staff and the utility companies to ensure that accessibility to the utilities and access thru this alley
will not be impacted.
,
CONSIDERATIONS
The City Council will hold a public hearing on June 19, 2007 to consider this vacation request. A
recommendation from the Planning Commission is required for the vacation process.
The property of the Minnesota Com Growers Association presently consists of Lots 1 thru 8, which are
divided by the alley that runs east/west thru the block. There also exist a business and a residence on Lots
9 & 10; the portion of alley that is adjacent to those properties will remain.
City, County and other outside agencies were given the opportunity to review and provide comments
regarding this application. The City Engineering Department and Public Works Department have
commented that should the alley be vacated, the applicant shall dedicate a drainage and utility
easement, in place of the right-of-way, so as to adequately encompass the alignment of existing
utilities, and that the vacation of the right-of-way shall in no way eliminate access to the two existing
buildings located west of the Corn Grower's building. These drainage and utility easements shall be
approved by the City Engineer.
Shakopee Public Utilities Commission provided a comment that an easement shall be retained for the
existing utilities in the alley over the entire alley right-of-way being vacated.
Qwest commented that they wish to retain all rights concerning the present Qwest facilities in this alley
right-of-way, as the existing underground plant services Qwest customers to the east of this location. They
added that any required relocation is 100% billable to the requesting party and a legal decrypted location
would be required for Qwest to relocate its facilities to said location.
Center Point Energy commented that the do have an existing natural gas main in that portion of Block 7, and
that unless suitable easement rights are reserved for Center Point Energy, they object to the request. They
request that the applicant reserve an easement to CenterPoint Energy, created by and within the document
establishing the street vacation and filed with the Scott County Recorders office, over all of the area of the
proposed alley vacation. They would also entertain removing their conditions should the petitioner wish to
reimburse Center Point Energy the cost of relocating the existing gas main.
The City Clerk has provided docmnents regarding past actions concerning this alley. In September, 1992,
the City Council approved Resolution No. 3665, a resolution approving the closure of the eastern 132 feet of
the alley in Block 7 ,with 6 conditions. Additionally, there was an Agreement regarding the use of this alley
approved by the City Council in July, 1999, With several conditions of approval. The terms of these
agreements have expired, or the lease holders have changed; however, it appears that the conditions of those
approvals have been met and remain intact today. These documents are attached for the Commission's
information.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, subject to the following conditions:
a. The applicant shall dedicate a drainage and utility easement, in place of the right-of-way, so
as to adequately encompass the alignment of existing utilities. These drainage and utility
easements shall be approved by the City Engineer.
b. The vacation of the right-of-way shall in no way eliminate access to the two existing
buildings located west of the Com Grower's building.
.
c. An easement for Shakopee Public Utilities Commission shall be retained for the existing utilities
in the alley over the entire alley right-of-way being vacated.
d. The applicant shall reserve an easement to CenterPoint Energy, created. by and within the
document establishing the street vacation and filed with the Scott County Recorders office, over
all of the area of the proposed alley vacation. They would entertain removing this condition
should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas
maIn
e. Qwest shall retain all rights concerning the present Qwest facilities in this alley right-of-way, as
the existing underground plant services Qwest customers to the east of this location. Any
required relocation is 100% billable to the requesting party and a legal decrypted location would
be required for Qwest to relocate its facilities to said location.
2. Recommend to the City Council the approval ofthe 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.
STAFF RECOMMENDATION
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 of the vacation, subject to conditions.
~~ -
Mark Nob .
Planner II
h:\boaa-pc\2007\06-07\V AC_ Corn Growers 07023.doc
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City of Shakopee
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Right-of-Way (738 1 st A venue East - Corngrowers Association)
PID NO.: 27-004048-0,27-004049-0,27-004050-0
CASE NO.: 07023
DATE: May 22, 2007
The application indicates a request to vacate portions of existing right-of-way, in the fonn of an
alley, located at the above referenced site.
The engineering department has completed its review and offers the folloWing comments at this
time for the applicant and for the planning department:
1. The applicant shall dedicate a drainage and utility easement, in place of the right-of-way,
so as to adequately encompass the alignment of existing utilities.
2. The vacation of the right-of-way shall in no way eliminate access to the existing buildings
off of Market Street South.
Recommendation
Should the City of Shakopee recommend approval of the request to vacate the right-of-way, the
engineering department suggests the approval be subject to the conditions listed above.
C:\DocumenlS and SettingslMNoblelLocal SellingslTemporary Internet FiieslOLKlDlCase Number 07023 Vacate RW (Comgrowers Alley).doc
Page I ofl
MAY-21-2007 13:56 SHAKOPEE PUBLIC UTILITIES 9524457767 P.03
t
SHAKOPEE PUBLIC UTILITIES COMMISSION
"Lighting the Way - Yes t e r day, To day and Be yon d n
MEMORANDUM
: TO: Shakopee Connnunity Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
,
, SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Vacation ofR-O-W (alley)
: CASE NO: 07023
I DATE: 5/21/07
, COMMENTS:
1
I
, 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, 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 irito 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 Shako pee Street Lighting Policy. Applicant
. must pay the associated fees.
I Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: Retain an easement for the existing utilities in the alley over the entire alley
right-of-way being vacated.
Post Office Box 470 .255 Sarazin Street + Shakopee, Minnesota 55379-0470
(952) 445-1988 . Fax (952) 445-7767
www.shakopeeutilities.com
TOTAL P.03
. CenterPoint@ 700 West Linden Avenue
PO Box 1165
Energy Minneapolis, MN 55440,1165
May 24,2007
Mark Noble
Planner
1 29 South Holmes
Shakopee, MN. 55379
RE: Proposed alley vacation of
Block 7, East Shakopee
Dear Mr. Noble:
With reference to the proposed alley vacation mentioned above, CenterPoint Energy
does have an existing natural gas main in that portion of Block 7, proposed to be
vacated.
Since this gas main is an irnportant part of CenterPoint Energy's distribution system in
this area, we must object to this proposed vacation unless suitable easement rights
are reserved to CenterPoint Energy, pursuant to MnSta 160.29 & MnRule 7819.3200.
Please reserve an easement to Center Point Energy, created by and within the
document establishing the street vacation and filed with the Scott County
Recorders office, over all of the area of the proposed allev vacation:
We may consider removing our objection should the petitioner wish to reimburse
CenterPoint Energy the cost of relocating the existing gas main. To discuss this and
any other options that may be available please have the petitioner contact Andrew
Balgobin, Administrative Engineer, at 612-321-5426.
Thank you for the advance notice and please send me a copy of the final action on
this proposal.
Respectfully,
CENTERPOINT ENERGY
~ k. tf~
Steven Von Bargen
Right-of-Way Administrator
pc: Andrew Balgobin, Administrative Engineer
Tom Birkholrn, CenterPoint Energy
. Page 1 of 1
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"
Y ohn, . Garry
~
From: Y ohn, Garry
Sent: Tuesday, May 29,200711 :43 AM
To: Yohn, Garry
Subject: Vacation ROW alley at the rear of 738 1 st av e MN CORN GROWERS ASSOC
Qwest wishes to retain all rights concerning the present Qwest facilities in this R-O-W [alley]. The
present underground plant services Qwest customers to the east of this location. Per Qwest guidelines;
Any required relocation is 100% billable to requesting party and a legal decrypted location would be
required for Qwest to relocate it's facilities to said location.
Garry Y ohn
Qwest Communications
Sr Design Engineer
6244 Cedar Av So
Richfield, Mn 55423
612-861-8111
5/29/2007
c' .
.. , Doc. No. T 1 05321 File 17tIk
Doc. No. A 451004 Vol. 20 Page 167 Cart. 5170
OFFICE OF THE COUNTY RECORDER OFFICE OF l1iE REGISTRAR OF 1TTlES
SCOTT COUNTY, MINNESOTA S::OTT COUNTY, MNfEOOTA
CeJtified Filed and/or Rec:orded on CertiIied Red on .
07-13-1999 at 02:45 07-13-1999 at 02:45 [ lAM f)dPM
[1AM [kJPM
Pat BoecIcrnan. Registrar of TftIes 04
Pat Boeckman, County Recorder by ~). Depuly .Fee: $20.00j5
by sl~. Deputy Fee: $19.5004
K~/~
AGREEMENT RE USE OF ALLEY
nu............. m'" "'" """"'" Otto ... di.r Of:tf.ltr . 1999, by "'"
between the City of Shakopee ("City") and Norwest Bank Minn 0 lanai Association, a
national banking association ("Norwest").
RECITALS:
A. Norwest owns the fonowing described property:
Lots 6, 7 ana 8, Block 7, East Shakopee Plat, Scott County, Minnesota
("Property").
B. Norwest desires to use the alley located adjacent to its Property as depicted in the
recorded plat for the Property.
C. By an agreement dated November 13, 1992, the City authorized Norwest to use
the alley subject to certain conditions.
D. The 1992 agreement could not be recorded with the registrar of titles.
E. Norwest and the City desire to enter into this new agreement that may be recorded
against the Property.
F. Norwest currently leases adjacent property by a lease dated May 12, 1992
("Lease"). The term of the lease expires on March 31, 2002.
G. Norwest previously conveyed and quit claimed to the City a temporllIY public
access easement recorded as Document No. 61764 as follows:
A temporary easement for public access purposes over and across the westerly ,
twenty (20) feet of the easterly thirty-two (32) feet of Lot 8, Block 7, East
Shakopee Plat, according to the recorded plat thereof.
J11".164466
SH1S5-Z 1
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NOW, THEREFORE, the City and Norwest agree as follows:
1. The City agrees to elose the alley adjacent to the Property to public access. This
access and alley shall be reopened by the City for public use upon termination of the Lease.
Norwest shall notify the City at least 60 days prior to the tennination or expiration of the lease.
2. Within 90 days after termination or expiration ofthe Lease, Norwest shall provide
a total of 25 parking spaces on the Property. Norwest shall demolish or remove the canopy
structure on its Property if necessary to obtain room in which to provide this required number of
parking spaces. In the event that the zoning ordinance requires a lesser number of parking spaces
at the time the Lease tenninates or expires, Norwest may install only the number then required.
Norwest will, at its sole cost and expense, within 90 days after termination of the Lease, remove
all structures, improvements, paving, and any other item installed, constructed, or located in or on
the alley. Norwest agrees to restore the alley to a condition reasonably acceptable to the City.
3. Norwest shall be responsible for the maintenance of the public access easement
described in paragraph G of this Agreement and shan also maintain that portion of public alley
located betWeen Lots 3 and 8, which has not been closed
4. This agreement is binding on, and inures to the benefit of, the heirs,
successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date first written
above.
J~O~\_
a4 19 Mar.!,r" ~..
By -t~~
Its Citf./uiministrator
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By ~:. :~;:~<.' . ~:,
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J1I'-I64466
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NORWEST BANK MINNESOTA,
NATIONAL ASSOCIATION
By
Its
ACKNOWLEDGEMENTS
STATE OF MINNESOTA )
) SS.
COUNTY OF scon )
~~e!~g instrument was a.cknOW1edVre me this E. day of ~ . 1999
by"t;" J:l. I. k I , k McNeill, and Judith Cox, ill yd?, City Administrator an~i 1erk of the
City of Shako pee, Mirmesota, on behalf of the City.
8 TOlll WARHOL ~.:.tA J--f1R ~
.JI N(lT4RV I'\IllUC .IINNESOTA
. I.tf s-"'*' EIpiIII....S1.JllllO .
No . .
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of .1999
by . the of Norwest Bank Minnesota, National
Association, a national banking association under the laws of Minnesota, on behalf of said association,
NotaJy Public
This Instrument Drafted By:
Inn Thomson
Kennedy & Graven
470 PiI1sbuI)' Center
Ivfinneapolis MN 55402
JJT.164466
SH1'5-23 3
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NORWEST BANK MlNNESOT A.,
NATIONALAIS1r~
~1flt.~"::~,,,
l1s \ S "T-
ACKNOWLEDGEMENTS
STATE OF MINNESOTA )
} SS.
COlJ?l,TI OF scan )
The foregoing insuument was acknowledged before me this _ day of .
!~ 1')' Jon BCC'k:kc,~ McNeW. aM Judith CO~. the Mayor, Ci\)I Mmini:l~.aor ;u1tl Cit)' Ck:rk
of me Cit}' of Shllkopee. Minnesota, on behalf of me City.
NoUlry Publli:
,.
STATE OF "'UNNESOTA )
) SS.
COUNn OF-\~",~-:); ~ )
The foregoil1~ insm1ment WQS ;u:knowleuged befure me this ;~++--daY of -:3L> ~ .
1999 by'?ti+-,c\::.. \)o^c::>v"..... . tile f.>,.~ ~...,i A",-", +- . 01 Norwest Bank' fa.
National Association, a national banking liSSocilUicn under 1b~ laws at MinnesoUl. on bd1a1f of said
associOllion.
. .
I LAUAALAMMERrI
NOTAllY PUaUe.lllHNESOTA
IIf~ilqIka_II._ A.r , ~ J ~'" "L.,..., _____ ~ f-"'-
. Notary Public
This Insrrument Drafted By:
Jim Thomson
Kelinedy & Gr.1ve:n
470 Pillsbury Cet1ler
. Minneapolis MN SS402
JJT'.I64406
SH ISS,2' 3
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I RESOLUTION NO. 3665
A RESOLUTION AMENDING RESOLUTION NO. 3627, A RESOLUTION APPROVING
THE CLOSURE OF THE EASTERN 132 FEET
OF THE ALLEY IN BLOCK 7, EAST SHAKOPEE PLAT,
DELETING CONDITION NO. 7 WHICH REQUIRED ALL OVERHEAD
ELECTRIC LINES BE PLACED UNDERGROUND
WHEREAS, a 16 foot by 300 foot alley has been dedicated in
I Block 7, East Shakopee Plat; and
i
! WHEREAS, it has been made to appear to the Shakopee city
I Council that the aforementioned eastern 16 foot by 132 foot portion
t of this alley is not generally needed by the pUblic, but should be
! retained until a complete alley is established or the entire alley
i vacated; and
~
: WHEREAS, a public hearing to consider an action to vacate the
! alley was held in the Council Chambers of the City Hall in the City
I of Shakopee at 7:00 P.M. on the 21st of July, 1992; and
!
!
I WHEREAS, two weeks published notice has been given in the
: SHAKOPEE VALLEY NEWS and posted notice has been given by posting
I such notice on the bulletin board on the main floor of the Scott
\ County Courthouse, the bulletin board at Shakopee Public utilities,
I the bulletin board at the u. S. Post Office, the bulletin board at
I the Shakopee Public Library, and the bulletin board in the Shakopee
t City Hall; and
f
WHEREAS, all persons desiring to be heard on the matter were
gi venan opportunity to be heard at the public hearing in the
Council Chambers in the city of Shakopee; and
WHEREAS, the City Council did on July 21, 1992 adopt
Resolution #3627, approving the closure of the eastern 132 feet of
the alley in Block 7, East Shakopee Plat, subject to seven
i conditions; and
i WHEREAS, the Shakopee PUblic Utility Manager, since that time,
1 has determined that Condition No.7, requiring the undergrounding
; of electric lines is premature for properties along the First
I Avenue corridor and prefers to maintain flexibility in this area
j until such time that an overall plan can be developed.
!
! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
! OF SHAKOPEE, MINNESOTA, that the aforementioned condition be
! deleted from Resolution No. 3627, leaving the following six
: conditions:
1. Public access is closed for the eastern 132 feet of the
alley.
2. Since a portion of the property proposed for the Norwest
project is to be leased, the applicant shall sign and
record an agreement which requires the following in the
event the lease is terminated or expires:
Jr~'''-\~,__ ~,~ ,. "'""".""',
- 1 .
f" A. The applicant shall notify the city at least 60
days prior to the termination of the lease for
rental of the property described as Lots 1 through
5, Block 7, East Shakopee Plat;
B. The applicant shall demolish or remove the canopy
structure within 90 days of the termination of the
lease;
C. The applicant shall construct 25 parking stalls on
i the Norwest site within 90 days of the lease
1 . t'
i term~na ~on.
I 3. . The applicant shall record a 20' temporary pUblic access
I easement from 1st Avenue to the existing alley, and shall
j be responsible for the maintenance of this public access
I easement. Norwest Bank shall be responsible for
i maintenance of the 20 foot temporary public access
easement and that portion of the alley not closed on Lots
3 and 8. The easement shall be reviewed and approved by
the City Attorney.
4. The canopy structure must be constructed on Norwest
property.
5. The applicant shall process a minor subdivision plat in
accordance with the City Code to consolidate the three
lots currently occupied by Norwest Bank into one lot.
This minor sUbdivision process shall be completed prior
to the release of any building permits.
6. The applicant shall construct a 5 foot sidewalk along
Minnesota street and Second Avenue adjacent to the
Norwest site.
. Adopted in ~~ f)~' session o~the City J;U?Jf.~f the city
of Shakopee, Minne ot , held the /S - day of . ~ ~ , 1992.
~J
Mayor of e City of Shakopee
~:il ~.~
i y Clerk
ROVE. AS LO .:
,/ .I
V
,-.",.., or~
" .1 2550 University Avenue ( it
.
St. Paul, Minnesota 55114-1052
CITY OF SHAKOPEE
-EASEMENT-
TIllS INDENTURE, made this /37'f.f day of At (/,p"..,~~ , 1992, between
Norwest Bank Minnesota, National Association, County of Scott, hereinafter referred to as the
Grantor, and the City of Shakopee, a municipal coxporation organized under the laws of the State of
Minnesota, hereinafter referred to as the "City".
WITNESSE1H:
That the said. Grantor,. hi consideration of One ($1.00) Dollar and other good and valuable
consideration to it in hand paid by said City, the receipt and sufficiency of which is hereby
acknowledged, does hereby Grant, Convey and Warrant unto the City, its successors and assigns,
forever, the temporary right, privilege and easement for the pUIpOse of gaining public access to or
from 1st Avenue from or to the existing siAieen (16) foot by three hundred (300) foot dedicated alley
which rons between Market Street on the West and Minnesota Street on the east in Block 7, East
Shakopee Plat, over and through lands situated in the County of Scott and State of Minnesota, to the
extent and as described as follows:
Temporary Public Access Easement
Atemporaiy ,easement for public access pUIposes over and across the
westerly twenty (20.00) feet oithe easterly thirty-two (32.00) feet of Lot
8, Block 7, East Shakopee Plat, according to the recorded plat thereof.
To have and to hold unto the said City, its successors and assigns until the earlier to occUr of
such time as the entire said existing alley is vacated, or until Grantor's lessee I s interest ceases as to
Lots Three (3) through Five (5) inclusive, Block 7, Bast Shakopee Plat. Grantor further agrees that
during the period of this temporary easement Grantor shall be responsible for maintenance of said
temporary public access easement as well as for that portion of the said alley that is located on and
along Lots Three (3) and Eight (8), Block 7, East Shakopee Plat.
And the said .Grantor for its successors and assigns, does covenant with the City; its successors
and assigns, that it is well seized in thelanc1s and premises aforesaid and has good right to Grant,
Convey, and Warrant the easement herein to said City.
IN TESTIMONY WHEREOF, said Grantor hereunto sets its hand and caused this agreement
to be executed as of the day and year fIrst written above.
NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
BY: ~1i~
Its: ~
.
I....
STATE OF MINNESOTA )
) ss
COUNTY OF j;( ENNtWJtJ )
- .?
The foregoing instrument was acknowledged before me this pl..!.!t day of JONIIPI1? ) 199~ by
HA~J. II ,q.,~~ . the 1(llt Prt(lllM
of Norwest Bank . esata, National Association, a national banking association under the laws of
the United Stales of America, on behalf of the national banJrln~n.
.1lN\MIIIIN'IN'I~. ~
~~ mHNM.OOWE~ ~
I~ NOTARY PUSlIC-MlrlNESOTA I VI- 0t.
~~ HENNEPIN COUiffi' No
My Commission Expires June 16, 1995 . 0.. . -
. .
This instroment was drafted by:
Norwest Corporation
N'orwest Center
Sixth Street and Marquette Avenue
Minneapolis, MN 55479
6tr"/64
Doc.No. File .:t.3 cfb
Volume ;;'0 paJde=.Lfe.1-Cert .<:;'J 111
Office of Registrar of Title. Scott County, MN®Th. is is the filing information of the documltent.
file~.t;is office on the :::L da
A.D..1Slf3 at~o'clock
Paul W. We~rc:hen. Registrar 01 TItles
4078-1 .
'" .., nlverslty Avenue 1St
~
" St. P.HJ1. Minne1>ota 551.l...1'"1052
CITY OF SHAKOPEE
-EAS EMENT-
TIllS INDENTURE, made this /3 7i-I day of ~v~('$~ , 1992, between
Norwest Bank Minnesota, National Association, County of Scott, hereinafter referred to as the
Grantor, and the City of Shakopee, a municipal corporation organized under the laws of the State of
Minnesota, hereinafter referred to as the .. City" .
\VITNESSETH: ,.
That the said Grantor, in consideration of One ($1.00) Dollar and other good and valuable
consideration to it in hand paid by said City, the receipt and sufficiency of which is hereby
acknowledged, does hereby Grant, Convey and Warrant unto the City, its successors and assigns,
forever, the right, privilege and easement forpublic utility purposes oyer and through lands situated in
the County of Scott and State of Minnesota, to the extent and as described as follows:
Public Utility Easement
A perpetual utility easement for the sole purpose of gaining.access to
maintain, service and repair the electric utility which presently serves the
grantor's property and which easement rons over, under, and across the
southwesterly 12.00 feet of the southeasterly 15.00 feet of the following
described property:
Lot 8, Block 7, East Shakopee Plat, Scott County, Minnesota, according
to the plat thereof on . file and of record in the office of the Register of
Deeds in and for said County and State.
Including therlghts of the City, its contractors, agents, servants, and assigns, to enter upon the
easement premises at all reasonable times to. constmct,reconstroct, inspect, repair and maintain said
public utility, together with the right to grade, level, fill, drain, pave, and excavate. the easement
.. premisesjandthe further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public utility easement.
And the said Grantor for its successors and assigns, does covenant with the City, its successors
and assigns, that it is well seized in the lands and premises aforesaid and has good right to Grant,
Convey, and Warrant the easement herein to said City.
IN TESTIMONY WHEREOF, said Grantor hereunto sets its hand and caused this agreement
to be executed as of the day and year first written above.
(' ,
. . \
NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
BY: /~Y' ~ ~
Its: t/ ;0 ?
STATE OF MINNESOTA )
) 55
COUNTY OF H(MvlfP IN )
3
The foregoing instrument was aclmowledged before me. this r9-h t day of . JtlW~1I1'1 ' 199~ by
HbNIJ. I. /<."1,,,'1 . the u".~ frl.S/dlNt
of Norwest Bank 'Minnesota, National Association., a national banking association under the laws of
the United States of America, on behalf of the national banking association.
C",VINVV./I,'\N>NII'^^,,^,,/V.NI/"INVVI/I,IINV\ III
~ ,,;:~~\ .:oa~ M. Fn.1WERS. ~
".,'" .. I ."'.' "'''N"SOTA ~
<. ~.."..I:~; NOIJiJIY 'U.....,-: II~ C
~\"" .
~;,a; Ht~!Nti'IN CCUilTY
~ My ('.olllmrs:;illo Expires June 16. 19S6
1(V\MI1/II'NINIIVtN~"
S""'''''1C,)
.1. I UU File d'3 t/ (0
This instrument was drafted by: Doe.No.
Norwest Corporation Volume A.O Page.l.1C1.-Cert S'J'}tJ
Office of Registrar of Trtle - Scott County, MN
Norwest Center This is the filing information of the dOCU~
Sixth Street and Marquette Avenue fil1;EiS office on the ~ d f
A.D. 19,$Lat o'clock_M
:Minneapolis, MN 55479 Paul W. Wennersldrchen, Registrar of Tilles
,
4078-1
.
~ L PROPOSEDALLEYVACATIONg u> m ~~
-gsiN ~
A vacation of part of the alley as dedicated in Block 7 of the plat of EAST :'. _~ i Ii 1=
-- -- SHAKOPEE, according to the recorded plat thereof, Scott County, Minnesota, = !5 !$i ~
-- described as follows: ..--. en ~!~.
L' " -
-- " ('\" \ . . d'~.
-- I \ \" I " "I ~ ,\..J I I Beginning at the southwest corner of Lot 8, said Block 7; thence southerly. '. . ~ ~ ta;; _~
\ . " ,\ / r -\ \ G n 1/ 1/ 1\1 along the southerly extension of the westerly line of said Lot 8 to the northerly '1:1:.. '. .. ~ ~ I: ~
~ -rr- -r\:) 'J \ 'l ,\ line of Lot 3, said Block 7; thence easterly along the northerly line of Lots 3, 4 "~ C'l ~~
- --r I c:.-r~ 'L_ \ \' r and 5, said Block 7 to the easterly line of said Block 7; thence northerly along (I) t5..... !i eta
~.,- [) '=- 'i: I \, ~ \ --------I ,.;d """'Iy line of Block 7 to fue ,_."Iy line of Lot 6, ,.;d Block 7; lhenoe CD. '- .I! .!I~
'\ ~ ~ ~ ':) \ \ 'L_ - -r \ westerly along the southerly line of Lots 6, 7 and 8, said Block 7 to the point Of.. ~ ~ Ii i! ~
I '-' r- 60 b . . . ~S;;;;; lLJ -F--
-- egmnmg. :.. . 2 !Ii !iI ~ I!.!
. "~~Ii;~
r--- -r \ \ ,,\ \ I hereby certify that this survey, plan or report was prepared by me or under my
\ . \ I- \ / \ <. ". direct supervision and that I am a duly licensed Land Surveyor under the laws of
~ " \ 0 -r ~ ::.:: the State of Minnesota.
80 . _, I v I '-J --:"7
. \ \ _ . -r 0- LO; I \L - \ i ~ \ Signed this 26th. day of September, 20. 06. For: James R. Hill, Inc.
e) I ,..., .../ 1 ~
,.........- 0 L.V rtl
("\ I", ...., 8' ~..
1"""'- ", U L_v SI CO ~E.R O~p€t . (j) By: ,oL cI.. b.c ~
\ L.v '~<\ ./\_-SO\l~~. E.A.Sl\SHI\I<O E. Of lOI 6. 7C;p[E.~-\ ' () \ Johnr:. Benner, Land Surveyor, License No. 26708 ..-2
\ ,BLO 'I'\.lr:oL'< l\~ E."'S:{ SHr>.K 1 _.... J:l I'- 0
--7 / saUII ltcl' \<. 7 ~ - \ ...... 0.><"
<:. >- I ,-- 8 BLOC I .....:::..:.:':. _ . . .... ..... g ~
- I. I , "'~O ..... '::~'::::::::::'cn':' , \"7 . ~ jjj.5
\ I . .... :::. ,-:.""':(::::::::::::::. . ::. \'" C)
"\"7 <./. / '~~':::':':F::X'::'l]",.:::.::::::::::::::.:..." NOTES .s ::l.::i:
\ !~, ~ \ ~ci'i!/~~W?fiB~Jl\i'frfm f.v S If) \ THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE .a ~~ ~f
;:,1 L- ---to-' k.",~ j' \\\ :."\ COMMITMENT OR TITLE OPINION. A TITLE SEARCH FOR.: ~ 0 oii
'- ~ ~ ~~_L.L- I ----r-r- : ":1-- Of Lol 3. 4. PEE. <.~/ \ . ~ /S RECORDED OR UNRECORDED EASEMENTS WHICH MAY BENEFIT ..;. g rx. () .oJl
N \ ~O> . ~ SIO~ Of' \ \ ~__~~R\Ht.RL '< t~\ (I\SI SHA.I<~O /1 . .,.'. 'i r I .' OR ENCUMBER T-HIS PROPERTY HAS NOT BEEN COMPLETED BY. .. ".' #- s..;, 8 ..,f~
- " ".. 1E~ ... 0 .~ "'0 5 'OLO 0/. . ; (T\ r ('\ \ THE SURVEYOR _ o. rn riO-
f) . OU\HERl. '- Of la' o. _ "',,, . . . " I' 0' '. ..... rx. 1-0 _~.
(" \HE. S SiERL'< U~E l<0?E.E. \ . ...-::::. -n - -\ .' 0 .3 ~~
:.-\ \HBI~:7.E.r>.SISH\1\ \J \ 11.)1 CI ....,\ \.5 AREA OF ALLEY VACATION = 2900 SQUARE FEET OR 0.066 ACRES ::'~"';d ~:
\ )J \'- .-. I 0; I ~r \L- ~ p.. .3~
r\" r I,...-r '). L- ,1-- ... -.I
, \ '..J v I '- ". :
~1 I 0"'- '2 \L- \~;- ... . 60 L'DRAWN BY .
\ 0"'- " \L_VI \ , , PLM
I v I I ", .... :
\. \C.. ~ ,(' ~.-D 9~~6r;06
~.(,l \ C) L- REVISIONS
60 L-~~- '1\
J r- r-"'-
,........"'-C) - C \
t-.\r" ':.), ,'L- - \
2.,"'V ~
~ -- CAD ALE
.-- .
-- . 22159vac.dwg
-- -- ,. PROJECT NO.
\ . SCALE IN. FEET 22159
o 60120 180: FILE NO.
~ ~...... .."., FOLDER
\ 1 . h 6.0 f' 't .SHEET 1 OF 1
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