HomeMy WebLinkAbout5.D.2. Vacation of Easement in Evergreen Heights-Res. No. 6698
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.. Memorandum for the Table
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 07 -046
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Vacation of a portion of a drainage and utility easement for
property located on Lot 2, Block 1, Evergreen Heights
MEETING DATE: December 4, 2007
REVIEW PERIOD: August 10, 2007 -December 7, 2007.
INTRODUCTION
Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership,
had requested a vacation of easement for property located on Lot 2, Block 1, Evergreen
Heights, adjacent to Balsam Trail. There presently is a 10 foot drainage and utility
easement around the perimeter ofthis lot, and the property owner requested the vacation of
approximately 160 feet of easement along the southwesterly portion of property to allow for
the expansion of a maintenance building. Evergreen Heights Townhomes Limited
Partnership had purchased an adjacent triangular shaped parcel from MNDOT in the recent
past, and based on discussions with staff, they intend to combine the parcels, which will
require the submittal and approval of a Final Plat application.
The public hearing for this vacation application was closed on October 2, 2007. Recently,
staff was provided with a letter from the applicant that expressed their desire to withdraw
their Vacation request, and work with staff on a Plat application. A copy of that letter is
attached to this report.
ACTION REQUESTED:
Based on the applicant's desire to withdraw their request, Staff recommends that the
Council accept the withdrawal of the Vacation application.
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/
Mark .
Planner II
h:\cc\2007\12-04\ V AC _evergreen 07046.doc
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Evergreen Real Estate Development Corporation
(952) 894-6400
(952) 894-6421 Facsimile
www.evergreenredc.com
Savage Office: Prior Lake Office:
4200 County Road 42 West 5212 Hope Street
Savage,~N 55378 Prior Lake, MN 55372
November 30, 2007
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1
Mark Noble I -,~~ ~~1J. ~ o ::; 2007
City of Shakopee
129 Holmes Street
Shakopee, MN 55379
Re: EverGreen Heights Vacation
Dear Mark:
As you requested, this is to request withdrawal of the Application for Vacation of Easement,
which was previously filed by EverGreen Heights Townhomes. We will be submitting an
Application for Approval of Final Plat, which will encompass vacation of the same utility and
drainage easement that was the subject of the Application for Vacation, which we are
withdrawing. Please call with any questions.
Sincerely,
E~RGREEN REAL ESTATE DEVELOPMENT CORP.
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Gregory A. McClenahan
President
Direct Dial: (952) 224-8667
GAM/dao
5:0,.2,.
CITY OF SHAKO PEE
Memorandum
CASE NO.: 07 -046
cn'~'"''''r~1
TO: Mayor and City Council ' ~;; fj ~ (>,,',
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Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Vacation of a portion of a drainage and utility easement for
property located on Lot 2, Block 1, Evergreen Heights
MEETING DATE: December 4, 2007
REVIEW PERIOD: August 10,2007 - December 7,2007.
INTRODUCTION
Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, has
requested a vacation of easement for property located on Lot 2, Block 1, Evergreen Heights,
adjacent to Balsam Trail. There presently is a 10 foot drainage and utility easement around
the perimeter of this lot, and the property owner is requesting the vacation of approximately
160 feet of easement along the southwesterly portion of property to allow for the expansion
of a maintenance building. Evergreen Heights Townhomes Limited Partnership had
purchased an adjacent triangular shaped parcel from MNDOT in the past and have been
working with Shakopee Public Utilities Commission (SPUC) on an easement within that
parcel for one ofSPUC's service lines.
The public hearing for this vacation application was closed on October 2, 2007, and recently
the applicant has properly addressed the encroachment of a structure into an existing
watermain easement by relocating a fire hydrant/water main. This relocation will provide
the appropriate separation from the proposed expansion of the maintenance building.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the
vacation by a 7-0 vote, contingent on the City Council not taking action on this item until
the easement agreement document has been accepted by staff, SPUC and the applicant. As
noted above, this easement encroachment issue has been resolved.
ALTERNATIVES
1. Approve Resolution No. 6698, a resolution of the City of Shakopee approving
the vacation of easement for property located on Lot 2, Block 1, Evergreen
Heights, with conditions.
2. Deny the proposed vacation.
3. Table the request to allow staff or the applicant time to provide additional
information, provided the applicant grants an extension to the review period for
this project.
ACTION REQUESTED
Offer a motion to Approve Resolution No. 6698, a resolution of the City of Shakopee
approving the vacation of easement for property located on Lot 2, Block 1, Evergreen
Heights, with conditions.
~
Planner II
h:\cc\2007\12-04\ V AC _evergreen 07046.doc
RESOLUTION NO. 6665
A RESOLUTION OF THE CITY OF SHAKO PEE VACATING AN
EASEMENT FOR PROPERTY LOCATED ON LOT 2, BLOCK 1, EVERGREEN
HEIGHTS
WHEREAS, it has been made to appear to the Shakopee City Council that a portion of a
drainage and utility easement for property located on Lot 2, Block 1, Evergreen Heights,
serves no public use or interest; and
WHEREAS, the easement to be vacated is legally described as:
An easement for drainage and utility purposes over, under and across the said lot
described below:
The 10 foot wide utility easement adjacent to the south property line of Lot 2, Block 1,
EVERGREEN HEIGHTS, said 10 feet measured at a 90 degree angle from a line ("Abandonment
Line") that commences at a point 63.5 feet east of the southeast corner of Lot 1, Block 1,
EVERGREEN HEIGHTS, thence easterly along the south property line of Lot 2, Block 1,
EVERGREEN HEIGHTS to the first of two 90 degree corners on the south property line of Lot 2,
Block 1, EVERGREEN EHGITHS, thence south 80 feet along the south boundary line of Lot 2,
Block1, EVERGREEN HEIGHTS to the second of two 90 degree corners on the south property line
of Lot 2, Block 1, EVERGREEN HEIGHTS, which point is the termination point of the
Abandonment Line, all as more specifically show on the attached Exhibit A; 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 2nd day of October, 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 RESOL YED 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 easement described above serves no further public purpose;
That the easement described above is hereby vacated, subject to the following conditions:
a. The applicant shall dedicate a ten (10) foot drainage and utility easement along the
southern line of the triangular shaped adjacent parcel owned by Evergreen Heights
Townhomes Limited Partnership. This drainage and utility easement shall be approved
by the City Engineer and recorded at the Scott County Recorder's Office.
b. This vacation shall not include the most southerly 10 feet of drainage and utility
easement of Lot 2, Block 1, Evergreen Heights.
c. The applicant shall submit and be approved for a Final Plat to combine the triangular
shaped parcel acquired from MnDot with Lot 2, Block 1 of the Evergreen Heights
Subdivision, to ensure that the proposed accessory structure is constructed in
compliance with the City Code requirements.
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 Shako pee, Minnesota, held the
_ day of ,2007.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
Shakopee - Location Maps Page 1 of 1
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SHAKOPEE . .. ._. Shakopee Boundary
COMMU~P~D~~CE~ s CJ Zoning Boundary
c::J Part;el Bounclary
Vacation of Easements to
Evergreen Heights Townhomes
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EVERGREEN HEIGHTS TOWNHOMES
RIGHT -OF-WAY VACATION
LEGAL DESCRIPTION
The 10 foot wide utility easement adjacent to the south property line of Lot Two (2), Block One
(1), EverGreen Heights, said 10 feet measured at a 900 angle from a line ("Abandonment Line")
that commences at a point 63.5 feet east of the southeast corner of Lot One (1) , Block One (1),
EverGreen Heights, thence easterly along the south property line of Lot Two (2), Block One (1),
EverGreen Heights to the first of two 900 comers on the south property line of Lot Two (2),
Block One (1), EverGreen Heights, thence south 80 feet along the south boundary line of Lot
Two (2), Block One (1), EverGreen Heights to the second of two 900 corners on the south
property line of Lot Two (2), Block One (1), EverGreen Heights, which point is the termination
point of the Abandonment Line, all as more specifically show on the attached Exhibit A.
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.E%H/.B/J" PRKPARK.o .FOR.'
EVERC.RB'.E'N HEICHrS rOIYHHOUSS Valley Surveying Co.~ P.A.
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c/o CRse 'UcI.,SHAHAN Phone (952) 447-2570 Suite 230
Fax (952) 447-2571 16670 Franklin Trail S;E.
5212 HOPE STREET \ \ Prior Lake. Minnesota 55372
PRIOR MK.p;; NN 55372
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I hereby certify that this Exhibit was prepared
by me or under my direct supervision and that
. I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
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SCALE IN FEET
FILE 10519 BOOK ~ PAGE -2Q...
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