HomeMy WebLinkAbout5.C.1. Vacation of a portion of a public easement at 706 7th Avenue West-Res. No. 6622
s:c.},
CITY OF SHAKOPEE
Memorandum CONSENT
CASE NO.: 07-004
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Vacation of a portion of a public easement at 706 7th Avenue West
MEETING DATE: August 8, 2007
REVIEW PERIOD: NA
INTRODUCTION:
The City received a request from Jane Dubois, representing Richard & Kathy Rodenberg,
to consider the vacation of a blanket electrical easement for property located at 706 7th
Avenue West. On February 20,2007 the City Council acted on that request by adopting
Resolution No. 6579 vacating said easement subject to conditions. Subsequently, the
City's planning staffwas contacted by Scott County Abstract and Title, who provided
information that the original blanket easement vacated did not attach to Parcel 2. As a
result it appeared that Parcel 2 should not have been included in the vacation action (even
though the legal description information was provided as a part of the application), and
that for that reason additional easements could not be required on Parcel 2. Staff
reviewed this information with the City Attorney, who suggested that the appropriate
action is to have the Council adopt a revised resolution of vacation.
ALTERNATIVES:
1. Approve Resolution No. 6622, a resolution of the City of Shakopee approving
the vacation ofa blanket easement at 706 7th Avenue West, with conditions.
2. Deny the proposed vacation.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6622, and move its adoption.
R~~
-;:r.' ~/ ' .
R. Michael Leek
Community Development Director
H:\CC\2007\08-08\07004V AC Rodenberg.doc
RESOLUTION NO. 6622
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN
EASEMENT FOR ELECTRIC PURPOSES AT 706 7TH A VENUE WEST
WHEREAS, it has been made to appear to the Shakopee City Council that a
portion of a public easement at 706 7th Avenue West serves no public use or interest; 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 Shako pee at 7:00 P.M. on the 20th day of
February, 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 ofthe 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.
WHEREAS, the easement was created by a quit claim deed, i.e. Book 93 of Deeds,
page 616, Scott County; and
WHERAS, the Council adopted Resolution No. 6579 vacating said easement
February 20,2007; and
WHEREAS, the City has become aware that Resolution No. 6579 incorrectly
described the said easement as having attached to Parcel 2 as described in the resolution;
and
WHEREAS, the easement to be vacated is legally described as follow:
An easement for electric utility purposes over, under and across the said lot
described below as Parcel No.1:
Parcel No.1:
Lot 1, Block 1, MarymarkAddition, Scott County, Minnesota; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA:
That it finds and determines that the vacation of said easement over Parcel No. 1 is
in the public interest, and that the easement described above serves no further public
purpose;
That the easement described above is hereby vacated, subject to the following
conditions:
. There shall be provided a minimum of ten (10) feet of drainage and utility
easement adjacent to the Pierce Street South right-of-way.
. There shall be provided a minimum of ten (10) feet of drainage and utility
easement adjacent to the 7th Avenue West right-of-way.
. There shall be provided a minimum of five (5) feet of drainage and utility
easement adjacent to the South property line.
. There shall be provided a minimum of five (5) feet of drainage and utility
easement adjacent to the West property line.
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