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Home My WebLink About13.D.1. Vacation of the Alley/Public Right-of-Way-Res. No. 6620 . ./ )3_D~J, CITY OF SHAKOPEE Memorandum CASE I 0.: 07 -023 TO: Mayor and City Council Mark McNeill, City Administrator FROM Mark Noble, Planner II SUBJE T: 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) MEETI GDATE: July 17,2007 PERIOD: April 27, 2007 - August 24, 2007 INTRO UCTION The Ci I has received a request from Fendler Patterson Construction, representing Minnesofa Com Growers Association, to consider the vacation of the easterly 180 feet of the alleYJ~ublic right-of-way in Block 7 of the East Shakopee Plat (located adjacent to 738 1 st Aven e East). The property of the Minnesota Corn Growers Association presently consists ~f Lots 1 1hru 8, which are divided by the alley that mns east/west 1hru the block. There al 0 exist a business and a residence on Lots 9 & 10; the portion of alley that is adjacent to those properties will remain. Since there exist overhead and buried utilities in the alley, including electric and gas, the applicant is aware that they will have to provide the appropri te easements to the City and the utility companies to ensure that accessibility to the utilities d access thru this alley will not be impacted. DISCUS ION The PI . ng Commission has reviewed this request and has recommended approval of the vacation y a 7-0 vote. The City Council held a public hearing on June 19,2007, at which time the I closed the public hearing but tabled any action in order to further address the access is ue at the east end of the alley (to ensure that the adjacent property owner and the city have access for snow removal, garbage pick up, and other vehicle accessibility). Staff is prepari g access documents that will be in recordable form so that future owners of the propertie are aware (and covered) by the agreements. Issues that the City are discussing with the pplicant and the adjacent property owner(s) are: 1) retaining the ability for the City to p ovide snow plowing/removal of the alley and exit to the east, across Minnesota Corngro ers Association property; 2) retaining the ability for vehicles picking up trash to maneuver east, across Minnesota Corngrowers Association property; and 3) retaining the ability for the adjacent property ownerlbusiness employees/customers parking in the rear of the prope to be able to maneuver across Minnesota Corngrowers Association property. Staff reco ends that approval and/or recording/publishing of this vacation not occur until the access agreements are signed by all parties involved in this matter. . ALTE ATIVES 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. 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. c. 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. d. 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 ~otion to approve Resolution No. 6620, and move its adoption. Mark Noble Planner II h:\cc\2007\O -17\V AC Com Growers 07023.doc RESOLUTION NO. 6620 A RE~OLUTION OF THE CITY OF SHAKO PEE VACATING THE EASTERLY 180 FEET OF THE ALLEY/PUBLIC RIGHT-OF-WAY IN BLOCK 7 OF THE EAST SHAKOPEE PLAT (LOCATED ADJACENT TO 738 1ST A VENUE EAST) WHEREAS, it has been made to appear to the Shakopee City Council that the easterl (180 feet of the alley/public right-of-way in Block 7 of the East Shakopee Plat (locatti aeen! to 738 I' A venue East) serves no public use or interest; and f, HEREAS, the alley/public tight-<lf-way to be vacated is legally described as: Beginni g at the southwest corner of Lot 8, said Block 7; thence southerly along the souther ~ 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 and 8, s' id Block 7 to the point of beginning; and HEREAS, a public hearing to consider the action to vacate was held in the Council Fhambers of the City Hall in the City of Shako pee at 7:00 P.M. on the 19th day of June, 2007; and tHEREAS' the City Council closed the public hearing, but continued the discussi n to the July 17, 2007 meeting; and ~EREAS, two weeks published notice was given in the SHAKOPEE VALLEY NEWS jd posted notice was given by posting snch notice on the bnlletin board on the main flo I r of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin oard at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and HEREAS, all persons desiring to be heard on the matter were given an oppo ty to be heard at the public hearing in the Council Chambers in the City of Shakope . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI Y OF SHAKOPEE, MINNESOTA: 1. That it fInds and determines that the vacation hereinafter described is in the public interest; 2. That the alley/public right-of-way described above serves no further public purpose and is vacated; 3. The City reserves, however, to itself, Shakopee Public Utilities Commission, CenterPoint Energy, and Quest perpetual easements on, under, and over the vacated alley/public right-of-way for drainage and other utility purposes, including but not limited to the right to maintain, install, and repair drainage, sanitary sewer, water, electrical, gas, or telephone facilities in the vacated alley/public right-of-way. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopte III session of the City Council of the City of Shako pee, Minnesota, held the day of ,2007. Mayor of the City of Shakopee ATTES : Judith S. Cox, City Clerk e _ L: d ~ ~ PROPOSED ALLEY V ACA nON C en :: Q) . . .--~~~jg A vacatIOn of part of the alley as dedIcated m Block 7 of the plat of EAST- -. -!5! i ~ J. -- SHAKOPEE, according to the recorded plat thereof, Scott County, Minnesota, = ~ !Si;;e -- ---' at) - __ described as follows: ........ en ellie L '............. .;J.cii- -- 1\ (,'\ \ . en g;c .;J. -- \ \" I ^ ,,/ ~ \ U , , Beginning at the southwest comer of Lot 8, said Block 7; thence southerly .' " _ ffi .- &a.; aiif ~ ' \ \ I ,I , G r""\ V V " ' along the south:rly extension of the westerly line of said Lot 8 ~o the northerly cz:: ~ a ~ I!:! , -q::)'~ ~,,\ n \ r line of Lot 3, saId BI,OCk 7; th, ence easterly along the northerly lme. of Lots 3, 4 ',.' C) col S m~ 1,--..-1 ^ ~ L \ \ , and 5, said Block 7 to the easterly line of said Block 7; thence northerly along en Q.... !i J. /"'-10 C C~ \,':.:> \ " - said easterly line of Block 7 to the southerly line of Lot 6, said Block 7; thence ......... ~ ;;e 1\ C'-I ~ ':.) \ \ 'L- L_ westerl}r..along the southerly~-;-sa-i:d13tock71o the pomt of ' 'S.' ~ G ~ s: ie , ...) \ 60 b . . ,', t.LI -...- __ egmmng.:_<<s~ ~ ~; ~ ~ \ \ --:)~~iE~iE \ " I hereby certify that this survey, plan or report was prepared by me or under my , r- \ \ \ I \ /.? direct supervision and that I am a duly licensed Land Surveyor under the laws of ~ \ )., \ 0-'- c:::::'': the State of Minnesota. 80 -7 'v' J -; 7 ' \ \ C' '0; I \\-- \ i -; \ Signed this 26,th, day of September, 20. 06. For: James R. Hill, Inc. e- ,0-'- (.) \-- ~_ '..J -.- 0 \-_v , \ r(' -p --;2.., \ 0-'- ", G LC \ ...... \ cokNtR Of l~1 8, '(j) By: ~oL cJ...- U.c ~ 't-_v \ ~C\ ~ __S0\.l1\"l~S~P-S\\S\'\P-\<.OPE OF l016.1.PEE.~-\ '() \ JohnI:.Benner,LandSurveyor,LicenseNo.26708... Q-2 \ /' BlOCK. ,-u.EcL '< LI~E C' "S:{ S\'\P-\<.O I \. 0 ,.... g -? I SOUl" ,I' "1 ~ -, ...... ..." <:. ... I,~ 8 8LOCl' . .....:::....:.:. -. ... :;j.2 c: - , \: """ .... ......""',:i;;;:ii:0~" P 0 .~ )::>- (I I , ~''''''"T...x...r:......................... \ NOTES .s ...... _ . , ~ .....:- .:::::,..:.,.:::.::::;::..:.\.:::::::...... - - .......... Q)- 1 v , ..-..... ................,:-......",.,..,....... I . _ Q) r-. >i. -r '.....:. ....~\,.LE'(-:-::::::::.B"'...!':"..,. .. . I rl"\ I ";.!II ....... ~ "1: \ c."E- \ ~",;i.A~~';1'f\"'.;;;';;;;""~ ''-.I '" l, ) \ TIllS SURVEY HAS BEEN PREPARED WI TROUT BENEFIT OF A TITLE '.D'J -g ~ !s / :; L- ~/ "\':"~~ \ j,. ~ :. -\ COMMITMENT OR TITLE OPINION. A TITLE SEARCH FOR '.. Q) 8 ui~ \", \ ~ ;'L'\--C- \ -----r-r : ,J- F l01 3. 4'-~Et ('vI \ ~ )J RECORDED OR UNRECORDED EASEMENTS WmCHMAYBENEFIT .:_ 8 P:.. ot5bl N \ - -\ ~O'\ ~ l'l of \ \ ~ t-l~R1\"IERL'< l~t? 0 EP-S1 S\'\f:\~~OP 'I 'i \" n OR ENCUMBER THIS PROPERTY HAS NOT BEEN COMPLETED BY ':;J. ~. 8 ,fl::i - U1\\tRl'< E~IE~i\~01 8,'] -- p-ND 5, 8LOC ' <", \ r;; \" n \ THE SURVEYOR. :I & ~ ~~. (1) i\1E SO IERL'{ LINt OPEE (" r:: -<l - -\ IS .3 ~ ~ - -\ 1\"IE c~~. tP-Sl S\'\\P-\<. \ J \ A .), 0; .....' \ S AREA OF ALLEY V ACA TION = 2900 SQUARE FEET OR 0.066 ACRES .:>. ~ ; ~ -n BlO 0-\ "r \-- c:> p... o~ /--' \ ..... 'v' \ \ -,;:0;: -'w '., ( ,..." -.- '" \-- ,\-- -.l \" \ , \ .J '0' ,-/ ". . \ ''', 0-'- 2. \\-- \ ~r- .. 60 L DRAWN BY . - -\ 0-'- 1\ \-_v , '\ , PLM '\-_v \ \ \ '..../ .... 'r-.. J, DATE \ \ <-- J-- 9/26/06 . f"h \ CJ L- . REVISIONS "\ ~-- J 80 L-~ ~ r- r--r ,--- ..,- 'C) - C- \ ,,-\0 ':)\\''-- \ 2''lLJ ~ g -- CAD FILE -- -- . 22159voc.dwg -- ,. PROJECT NO. -- . 22159 \ . ..SCALE IN. FEET '. ALE NO. o 60 .120 180 FOLDER \ ~... ....1.' . . .SHEET 1 OF 1 1 inch = 60 feet d ~~