HomeMy WebLinkAbout2. Public Hearing on Proposed Vacation of Easements within OPUS MVW and OPUS MVW 2nd Additions-Res. No. 6770 CITY OF SHAKOPEE
MemoNandum
CASE NO.: 08-020
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Easements in OPUS MVW and OPUS MVW 2nd
Addition
MEETING DATE: May 6, 2008
REVIEW PERIOD: March 5 -July 3, 2008
INTRODUCTION
The City has received a request from Opus Northwest LLC to consider the vacation of
easements within OPUS MVW and OPUS MVW 2nd Addition. Please see Exhibit A for the
property location.
The vacation is being proposed in connection with a preliminary and final plat application of
the property. The pending plat application would require that any necessary easements be
provided as a part of that plat application.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the
vacation by a 6-0 vote. The staff report is attached for the Council's information.
ALTERNATIVES
1. Approve Resolution No. 6770, a resolution of the City of Shakopee approving the
vacation of easements within OPUS MVW and OPUS MVW 2nd Addition
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. 6770, and move its adoption.
,r''' 1~
lie Klima
lanner II
RESOLUTION N0.6770
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE EASEMENTS WITHIN
OPUS MVW AND OPUS MVW 2ND ADDITION
WHEREAS, it has been made to appear to the Shakopee City Council that some easements
within OPUS MVW and OPUS MVW 2"d Addition serve no public use or interest; and
WHEREAS, the easements to be vacated are legally described as:
The drainage and utility easements as dedicated in the plat of OPUS MVW lying within the part of
Lot 2, Block 1, said OPUSMVW, which lies easterly of a line described as follows: Commencing at
the northwest corner of said Lot 2; thence North 89 degrees 49 minutes 19 seconds East, assumed
bearing along the north line of said Lot 2 a distance of 744.71 feet to the point of beginning of the
line to be described; thence South 0 degrees 10 minutes 41 seconds East a distance of 1294.77
feet to
the South line of said Lot 2 and said line there terminating.
Together with the Drainage and Utility Easements as dedicated in the plat of OPUSMVW 2nd
Addition lying within Lot 1, Block 1, said OPUS MVW 2nd Addition. All according to the recorded
plats thereof, Scott County, Minnesota.
WHEREAS, the Shakopee Planning Commission considered the request at its meeting of
April 17, 2008, and recommended approval with conditions to the City Council; 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 6th day of May, 2008;
and
WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY 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 of the City's easement interests
hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That the public easements described are vacated subject to the following
conditions:
a. The applicant will need to dedicate drainage and utility easements
adjacent to the 4th Avenue and CSAH 83 (Canterbury Road) rights-of-
way with the OPUS MVW 3rd Addition preliminary and final plat
application. These easements need to be consistent with the adjacent
subdivisions.
b. The applicant will need to dedicate all easements as required by City
Code and the City Design Criteria with the OPUS MVW 3rd Addition
preliminary and final plat application.
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 , 2008.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-020
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Easements within OPUS MVW and OPUS MVW 2nd Addition
MEETING DATE: April 17, 2008
REVIEW PERIOD: March 5 -July 3, 2008
SITE INFORMATION:
Applicant: Opus Northwest LLC
Location: South of 4"' Avenue and West of CSAH 83 (See Exhibit A)
Existing Zoning: Light Industry (I-1) Zone
Adjacent Zoning: North: Heavy Industry (I-2) Zone
East: Heavy Industry (I-2) Zone/CSAH 83
South: Major Recreation (MR) Zone
West: Light Industrial (I-1) Zone
Comp. Plan: Industrial
MUSA: The site is within the MUSA boundary.
INTRODUCTION
The City has received a request from Opus Northwest LLC to consider the vacation of easements within OPUS
MVW and OPUS MVW 2nd Addition. Please see attached Exhibit B detailing the locations of the easements
proposed for vacation. The applicant has also submitted an application for preliminary and final plat approval
of the subject site.
CONSIDERATIONS
The City Council will hold a public hearing on May 6, 2008 to consider this vacation request. A recommendation
from the Planning Commission is required for the vacation process.
City, County and other outside agencies were given the opportunity to review and provide comments regarding
this application.
The City Engineering Department has provided a memorandum recommends approval of the vacation of
easements subject to the proper easements being provided with the approval and recording of the proposed
OPUS MVW 3rd Addition. Please see attached Exhibit C.
Staff has consulted with the City Attorney regarding the timing of the vacation and pending plat approval in
order to ensure that the City has the necessary easements in place at all times. The City Attorney advised that
the vacation be scheduled for action at the same City Council meeting that action is expected to be taken on the
Final Plat. Staff will schedule the items accordingly before the City Council.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, subject to the conditions outlined by the
Engineering Department.
2. Recommend to the City Council the approval of the 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 outlined by the Engineering Department.
ACTION REQUESTED
Offer and pass a motion recommending approval of the vacation, subject to the following conditions.
1. The applicant will need to dedicate drainage and utility easements adjacent to the 4th Avenue
and CSAH 83 (Canterbury Road) rights-of--way with the OPUS MVW 3ra Addition preliminary
and final plat application. These easements need to be consistent with the adjacent
subdivisions.
2. The applicant will need to dedicate all easements as required by City Code and the City Design
Criteria with the OPUS MVW 3ra Addition preliminary and final plat application.
J ie Klima
anner II
h:\boaa-pc\2008\04-17\vac opus 08020.doc
.Shakopee -Location Maps _ _ Page 1 of 1
~ I it
f f~
5, _
4
-
't;~ - R
I2
it I I ~ ~ _
l~
~r r rrj
~
1•
_ ~ ~ t-
~ ~4_~
~-,i'~
7~ ~
4 1 r
1 r
'4:k.-.
~~~~,~~{%{J'~'.~~ti''77 i~~~ ~~^Y,.F
~'~y;
„3.f ~ F~`""^f
.1+~1,~
r
r. 1
r
S~tbjeC# Property
SHAKOPEE ~ E sr~t~°P~ a°~~ary
conm<tv~vrrYrxroas~acaias~ S _ Q ZfxiffYE~ ~°lN1CS~/
P~fGEI B°t1[~daE71
Vacation of Easements
http://gis.logis.org/shakopee/locationmap/map.asp?title=Vacation+of+Easements&MapU..: 03/18/2008
..n
kV01a'•e'~i;'u¢ioWeyWF!a;xtvF Yyr
= 1~ uiY CST ~ '
~1
{ 1
o~m w vnctE r w t~.vxc tte
I I I I I
I I P.RQ NQ Y7PA717R!/ ~ o
N I
I I
I I 1~M
I I 120
`l I
r ~ NO'lO'4/"W /294.77 \ 7
~
~~~F'
N~~m I
ao
~ s
~~F' I
mpa
r.~~ ~ -
T. ~ ~NZ I
ON \ ~ ~ I
~ ~ ~ ~
• ~ ~ 5
~ I
~ al
I ~I
~
- - ~ ~
.ti` M
Q ~ I
~J
x N 'ri
F` $ V
r~ ~ ~ ~ ` I I
~y~ I
I
b
~ I
~ ~~ypR I
;vR
p I~
~ ~ ~ ~ f ~ ,l.r--- SO'/0 4/ E 578. /2 ~ ~ / ~
~~y~k ~
~ ~ I~ I
4?'55"E ~ ~ I I I
g; ~ o ~ ,
V I I I
I I~ ~ ~ I I
I ~ ~ I ~ ~
~ I I
''h I
ti ,y,QQRY °
! r, I R I ~a C tl= 4i ~ I I 1 I
~ - C, I r ~ ~ =-IR
I I I s~ I iMOMw:. NYIT YA4JFlIT I
PF11 FIAT CF 0'IB YYR
I I I
{ ~ L__
E Id[ c I
L J \ ~ ues vrtti>! IW~a aF
tar:'_ 1
- - - ~ ~nsR
COU1/TY ROAD NO. 83 ~ _
i/{ 6 LFL 4 1!.
_ (CAN7E1?BGRY ROAD) ~ ~ ~ A 5~
~ 114 ME S (CWm
~ ~ ~ ~ ~ ~ - usr
~ s tFe - r,Ji ~ SO%R255"E 560.36. _ R.Q.S. PdO. S5
Y. m~ °mm SY I s T !EL ~ r
m ~
R [~iP~ S~ x~ ~ ~c m~' n> >.~a-i a NA^'»v'n° =N~-i
` o o-'o -«mn-o T
~.,d ~d, a m ^ `.ms o o~v- g- ao mn~o ~c-o °o~~m• om for Z ro.MOOmwojo~
~ ~ '3 a Z m ~ ~ 0p1 5 m.p a•a inovp mS'_- Nom og ¦m~r'~
,q p 3 a N m p o. -oP .c8 tom ~a?'°~$$FOrtn am °`d0 n~O"°mG
•.a V ~ c~ o to m o o ~ ~ -
r s n fin. 5m o.~ o o"m a-
~~.R ~ ~ ~ ~ K Fi ~ ~ m ~3Q$ ?g ~~M 1n»mR~,ommm. o~ o aoop.So.°Nn-
4 ~ ~ < o w mO'°a. mi° r s mcm~' °nwom n~ c-1°.~N~ ~~d°. ~
a- ~c q`< co "m n.°w.~.. rs'c°mny4 °..~pp, °w ,.°>e°=~~°'.°r-
6d 'a.= m ° A o memos o= ..Dm n°rt°mmoMO v$ S• sac Sn_~N
~ ~ Cj ~ ~ o~~,°. o o„.$ So,~mom-,.o~~sc o~ myomom=~g.°.-
Ti o.. a °3 ~a7 ~i mm-om ~o
.n f 2 Z ~ Z 3~ n~ n ~c No o. m o v,ZO o m
~ 0 ! 3 ~ 3 ~wm_. o 1°0 ° m-w •S. ° m.«comp~rto °~x
pff_ ~ ~S ~r y ~ °ma~f9 3 -^im ~m°c»~b'~ mod °~°D moo-
g r
3 F~It I~ fr' ~ ° - N°~na~ n o_3n a-ocm m!?~~-S; ao ~s?m ~°~oooc
y ~ 3? ~ e1 .4 I~., ~ ~ o Nav Fe' a~a~°o-a°w s~ G »I"o w J~ a rtm V"
to { ~ m C,Q. ~ -.?m ~mm "o So ~ mm
i sa'^. 93 rF .
f n ~v o g Fro o O p p O a ~ s.m~~~'A°s m
Il~>°sffi~~R I~m-~1. ~ r~ m ~ ~s °u--.N3~ a°tm..3~_
X~ ~ ~ t -r--
City of Shakopee
Memorandum
TO: Julie Klima, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Easements (Lot 2, Block 1 of OPUS MVW 1St Addition
and Lot 1, Block 1 of OPUS MVW 2nd Addition}
PID NO.: 27-298002-0, 27-406001-0
CASE NO.: 08020
DATE: April 10, 2008
The application indicates a request to vacate the drainage and utility easements in the above
referenced lots in order to accommodate a current preliminary and fmal plat application for .
the OPUS MVW 3rd Addition.
After reviewing the above referenced .application, the engineering department has the
following comments for the applicant and the planning department:
1. The applicant will need to dedicate drainage and utility easements adjacent to the 4tb
Avenue and CSAH 83 (Canterbury Road} rights-of-way with the OPUS MVW 3rd
Addition preliminary and final plat application. These easements need to be
consistent with the adjacent subdivisions.
2. The applicant will need to dedicate all easements as required by City Code and the
City Design Criteria with the OPUS MVW 3rd Addition preliminary and final plat
application.
Recommendation
Engineering staff recommends approval of the vacation of easement request subject to the
conditions above being addressed by the applicant.
H:IEMFLOYEE FOLDERSUSweatck~Staff.Reviews\VacatelCase.Number.06020.Vacate.RW (OPUS MVPJ 2nd).doc
Page 1 of 1