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HomeMy WebLinkAbout13.D.2. Final Plat of Minnesota Corn Growers-Res. No. 6621 /3. o. 1.. CITY OF SHAKOPEE Memorandum CASE NO.: 07 -024 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Final Plat of Minnesota Com Growers July 17, 2007 RIOD: May 11, 2007 - September 7,2007 DISCUSSI N Fendler Patt son Construction, representing Minnesota Corn Growers Association, has submitted a application for final plat approval for property located at 738 1st Avenue East. As pr posed, this plat would combine Lots 1 thru 8, Block 7, and the easterly 180 feet of the v cated alley in Block 7, East Shakopee Plat. The PI . g Commission does not review final plat applications; however, they did review the applica on for vacation of the easterly 180 feet of the alley/public right-of-way in Block 7 of the E t Shakopee Plat (located between lots owned by Minnesota Corn Growers), and reco ended approval of the vacation subject to the conditions found in Resolution No. 6620, which is attached to the vacation staff report that is also on the July 17, 2007 City Cou il agenda. ouncil did hold a public hearing for the vacation of alley/right-of-way on June 19, 2007, at hich time they closed the public hearing but tabled any action in order to further address t e access issue at the east end of the alley (to ensure that the adjacent property owner d the city have access for snow removal, garbage pick up, and other vehicle accessib' ity). Staff is preparing access documents that will be in recordable form so that future ers of the properties are aware (and covered) by the agreements. Staff recommends that approval and/or recording of this plat not occur until the access agreem nts are signed by all parties involved in this matter. ALTE ATIVES 1. Approve Resolution No. 6621, approving the Final Plat for Minnesota Corn Growers, subject to the conditions presented. 2. Approve Resolution No. 6621, approving the Final Plat for Minnesota Corn Growers, subject to revised conditions. 3. Do not approve the final plat and direct staffto prepare a resolution consistent with the direction of the Council. 4. Table the matter and request additional information from staff and/or the applicant. ------ . ACTION I VESTED Offer a moti n to approve Resolution No. 6621, a resolution approving the Final Plat of Minnesota C rn Growers, subject to the conditions as presented by staff, and move its adoption. ~ Planner II RESOLUTION NO. 6621 A RESO UTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF MINNESOTA CORN GROWERS EREAS, Fendler Patterson Construction, applicant and Minnesota Com Growers A sociation, property owner, have made application for final plat approval of Minnesota orn Growers; and EREAS, the subject property is legally described as: Lots 1, 2, 3 4, 5, 6, 7 and 8, Block 7, EAST SHAKOPEE, according to the recorded plat thereof, Sc tt County, Minnesota, and A vacation of part of the alley dedicated in Block 7 of the plat of EAST SHAKOPEE, according 0 the recorded plat thereof Scott County, Minnesota, described as follows: Beginning t the southwest corner of Lot 8, said Block 7; thence southerly along the southerly xtension of the westerly line of said Lot 8 to the northerly line of Lot 3, said Block 7; thenceasterly along the northerly line of Lots 3, 4, and 5, said Block 7 to the easterly line of sai 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 ofbeginning; and HEREAS, The Minor Subdivision application process was not an option in this particular case as the Subdivision Ordinance states that a Minor Subdivision application could be eviewed where there is a maximum of five (S) lots that would be combined into four (4) 0 fewer lots; whereas, this application is a combination of eight (8) lots; and EREAS, staff determined that since this property was previously platted, that a replat, r Final Plat application would be required to accomplish this consolidation of lots; and j EREAS, the City Council reviewed the proposed final plat on June 19,2007, and July 17, 2007, and OW THEREFORE, BE IT RESOLVED by the City Council of the City of ShakoP5e, Minnesota that the final plat of Minnesota Com Growers is hereby approved subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the Final Plat: Approval oftitIe by the City Attorney. Execution of a Developer's Agreement, which shall include provisions for security for all public improvements within the Final Plat and the engineering review fees. c. Provide electronic (Auto CAD) files of the Final Plat and all record drawings to the Engineering Department. d. Easements shall be shown on the Final Plat as approved by the City Engineer. They shall include, but not be limited to, the following: . Provide a minimum of ten (10) feet of drainage and utility easement adjacent to all property lines. . The City of Shakopee shall retain all existing easements. . Should the City of Shakopee vacate the alley right-of-way, 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. e. Should the City of Shakopee vacate the alley right-of-way, access shall be maintained off Market Street South for the two existing buildings located west of the Com Grower's building. f. 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. g. 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 alley vacation. They would entertain removing this condition should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas main. h. 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. II. he following items shall be completed prior to approval of a grading permit, a building permit and/or a street/utility plan: J No public improvements shall be constructed until the City Engineer and the Shakopee Public Utilities Commission (SPUC) approves the Final Construction Plans and Specifications. . The applicant shall obtain a NPDES permit prior to any land disturbing activity. A copy of this permit shall be provided to the City. City of Shakopee staff shall approve access locations off adjacent public streets. Adopte in regular session of the City Council of the City of Shakopee, Minnesota, held th _ day of , 2007. Mayor of the City of Shakopee , Attest: Judith . Cox, City Clerk H:\CC\2007\07-17\FP _ Comgrowers07024.doc KNOW ALL PERSONS BY THESE PRESENTS: That Minnesota Corn Growers Association, a Minnesota non~profit corporation, owner of the MINNESOT A CORN GROWERS following described property situated in the County of Scott, State of Minnesota. to wit: Lots 1,2. 3, 4, 5, 6, 7 and 8, Block " EAST SHAKOPEE, according to Lhe recorded plat thereof.. Scott County, Minnesota. AND A vacation of part of the alley as dedicated in Block 7 of the plat of EAST SHAKOPEE, according to the recorded plat thereof, Scott L County, Minnesota, described as follows: Beginning at the soulhwest comer of Lot 8, said Block 7; l:hence southerly along the southerly extension of the westerly line of said Lot 8 j to the northerly line of Lot 3, said Block 7; thence easterly along the northerly line of Lots 3, 4 and 5. said Block 710 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 southec1y line of Lots 6.7 and 8. said Block 7 to the point of beginning. -- -- Has cawed the same to be surveyed and platted as MINNESOTA CORN GROWERS and does hereby donate a.nd dedicate to the public, for public -- l -- use forever the easements as shown on this plat for drainage and utility purposes only. -- ~ -- ~ -- .......---rC)r.:r:~ ' In witness whereof said Minnesota Corn Growers Association, a Minnesota non-profit corporation, has caused these presents to be signed by its proper officer this _ day of 2007. ,......,- ...... \ \ ,l....t...- '" "",,, \ "',:;' \ .- ,\,,,,IH'Jh'{ \ \.J \ , _), ,,,,I( \-"\I'-Jn~ ~~ ---,_ Signed: Minnesota Com Growers Association ,.......-r ~~ -;-~----\::;/I...t' ~OR~'Ep.,S"{" ."'H '" \ :.:; I r' \.- BLOCK \. 80000 00 0 - '\80.00 S 60 By: its \ STATE OF MINNESOTA -- COUNTY OF -- The foregoing instrument was acknowledged before me this _ day of ,2007, by \ \ \ its of Minnesota Com Growers Association, a Minnesota non-pmfil corporation, on behalf of the ~ corporation. 60 ,;:: v -, Notary Public, I \ -::- \ County, Minnesota \ \ ::; My Commission Expires: ,,- -7 ,,- rll I hereby certify that I have surveyed and pla.Ued the property described op this plat as MINNESOTA CORN GROWERS; that this plat is a correct \ (/) \ representation of ilie survey; that aU distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been 0 co'rrectly placed in the ground as shown or will be correctly placed in the ground as de.~ignated; that the outside boundary lines are correctly --\ designated on the plat; and that there are no wet lands as defined in Minnesola Statutes 505.02, Subdivision I, or public highways to be designated ):> other than as shown. \ -::- (j) \ John L. Benner, Land Surveyor, License No. 26708 ):> --\ -n -n ,N ~'E- rn STATE OF MINNESOTA / ' n~ COUNTY OF f'l '-~ \ --\ '\ \ The foregoing Surveyor's Certificate was acknowledged before me this _ day of . 2006, by John L. Benner, Minnesota License No. 26708. (f) / L 0 --\ -n \ /~ ;::. Notary Public, \ r\l O~ \, A \ County, Minnesota rn 't My Commission Expires: --\ L ,.., "- I~\\ r- CITY COUNCIL, CITY OF SA V AGE " ~\ I I :) \ I ~.... rl , L_ L_ 60 L- Thh; plat was approved and accepred by the City Council of the City of Shakopee, Minnesota, at a regular meeting thereof heJd this _ day ~ of 2007, and is in compliance with the provisions of MinnesotaStatues Section 505.03. Subdivision 2. Mayor Clerk N \ CITII ATIORNEY, ClTII OF SAVAGE 80 ~ I hereby certify that I have ex.amined this plat of MlNNESOT A CORN GROWERS and do hereby recommend this plat for apptoval as to fonn this ~ ..........,..C)r:C~ _daYQf 2007. ,..,,, ,r" :;\,,~-'- r- .,t.-l"V City Auomey, City of Shakopee, Minnesota ~ -- 1 -- -- SCOTT COUNTII AUDITORffREASURER -- -- 1 hereby certify that the current and delinquent faXes on tbe lands described within are paid and the transfer is entered this _ day of -- 2007. -- S;gned by: ,Deputy \ SCALE IN FEET ~ SCOTT COUNTY SURVEYOR 0 40 80 120 Pursuant to Minnesota Statures, Section 389.09, Subd. I, as anrended, this plat has been revie~d and approved this _ day of ~-- I .200J. 1 inch = 40 feet Scott County Surveyor . DENOlES 1/2 INCH IRON MONUMENT FOUND 0 DENDlES 1/2 INCH X 14 INCH IRON MONUMENf SET ANO SCOTT COUNTY RECORDER MARKED 8Y UCENSE NO. 26708. I hereby cemf)' that this plat was filed in this office this _ day of ,2007. at _o'clock_, M.as BEARINGS ARE BASED ON THE NORTHERLY LINE Documenr No. OF LOT 6. BLOCK 7. EAST SHAKOPEE WHICH IS ASSUMED TO HAVE A BEARING OF S80''()O'OO.W. Scoll County Recorder JAMES R. HILL INC. ilrne/l de1 /3d q RESOLUTION NO. 6621 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVIN THE FINAL PLAT OF MINNESOTA CORN GROWERS WHEREAS, Fendler Patterson Construction, applicant and Minnesota Com Growers Association, property owner, have made application for final plat approval of Minnesota Corn Growers; and WHEREAS, the subject property is legally described as: Lots 1,2,3,4,5,6, 7 and 8, Block 7, EAST SHAKOPEE. according.to the recorded plat thereof, Scott County, Minnesota, and A vacation of part of the alley dedicated in Block 7 of the plat of EAST SHAKOP EE, according to the recorded plat thereof, Scott County, Minnesota, described as follows: 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, sai Block 7 to the point of beginning; and WHEREAS, The Minor Subdivision application process was not an option in th s particular case as the Subdivision Ordinance states that a Minor Subdivision application could be reviewed where there is a maximum offive (5) lots that would be combined into four (4) or fewer lots; whereas, this application is a combination of eight (8) lots; and WHEREAS, staff determined that since this property was previously platted, that a replat, or Final Plat application would be required to accomplish this consolidation of lots; and WHEREAS, the City Council reviewed the proposed final plat on June 19,2007, and July 17, 2007, and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the final plat of Minnesota Corn Growers is hereby approved subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the Final Plat: a. Approval of title by the City Attorney. b. Execution of a Developer's Agreement, which shall include provisions for security for all public improvements within the Final Plat and the engineering review fees. c. Provide electronic (Auto CAD) files of the Final Plat and all record drawings to the Engineering Department. d. Easements shall be shown on the Final Plat as approved by the City En ineer. They shall include, but not be limited to, the following: \ . Provide a minimum of ten (10) feet of drainage and utility easement adjacent to all property lines. . \ e. The property owner and the City of Shakopee will enter into an agreement whereby the City shall retain the right to use Corn Growers' parking tot for purposes of accessing the remaining alley for maintenance and snowplowing purposes. II. The following items shall be completed prior to approval of a grading p rmit, a building permit and/or a street/utility plan: a. No public improvements shall be constructed until the City Engineer Shakopee Public Utilities Commission (SPUC) approves the Construction Plans and Specifications. b. The applicant shall obtain a NPDES permit prior to any land dis activity. A copy of this permit shall be provided to the City. c. City of Shakopee staff shall approve access locations off adjacent streets. Adopted in regular session of the City Council of the City of Shako pee, Minnesota held the _ day of , 2007. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk H:\CC\2007\07-17\FP _ Comgrowers07024.doc