HomeMy WebLinkAbout7.B. Vacation of Public Road Easement-Res. No. 6836
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-056
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Public Road Easement
MEETING DATE: November 18,2008
REVIEW PERIOD: September 23,2008 -January 21,2009
INTRODUCTION
The City of Shakopee has received a request from Mark Saliterman to consider the vacation of
public road easement south of Eagle Creek Blvd and west ofCSAH 83. Please see Exhibit A
for the property location.
At the time that intersection of Eagle Creek Blvd. and CSAH 83 was reconstructed, the City
entered into an agreement with the applicant regarding this vacation and the provision of
easements for the reconstruction project. A copy of the settlement agreement for this case is
attached as Exhibit E.
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. 6836, a resolution of the City of Shakopee approving the
vacation of public road easement south of Eagle Creek Blvd and west ofCSAH 83.
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. 6836, and move its adoption.
i!t!Ji /di~
ie Klima
anner II
RESOLUTION NO. 6836
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PUBLIC ROAD
EASEMENT SOUTH OF EAGLE CREEK BLVD AND WEST OF CSAH 83
WHEREAS, it has been made to appear to the Shakopee City Council that public
road easement south of Eagle Creek Blvd and west ofCSAH 83serve no public use or interest;
and
WHEREAS, the easements to be vacated are legally described as:
That part of County State Aid Highway No. 16 (Eagle Creek Boulevard) which lies
southerly and southeasterly of a line drawn parallel with and distant 120.00 feet southerly of
the southerly line of Dean Lake Second Addition, according to said plat on file and of record
in the office of the County Recorder, Scott County, Minnesota; and also lying westerly and
northwesterly of the northerly extension of the westerly line of the existing highway easement
per Doc. No. 559028, and all being over the Northeasterly 50.00 feet of that part of the East
One half of the Southwest Quarter, Section 9, Township 115, Range 22, Scott County,
Minnesota, described as follows:
Beginning at the southeast corner of East one-half of the Southwest Quarter; thence
South 89 degrees 57 minutes 56 seconds West assumed bearing along the south line of said
East on-half of the Southwest Quarter of a distance of 760. 47 feet; thence North 00 degrees 25
minutes 20 seconds West for a distance of 1403.17 feet to the centerline of County State Aid
Highway No. 16 (Eagle Creek Blvd) as described in Document No. 409053; thence South 59
degrees 46 minutes 27 seconds East along said centerline for a distance of883.8feet to the
East line of said East one-half of the Southwest Quarter; thence South 00 degrees 25 minutes
42 seconds East along said East line for a distance of957. 79 feet to the point of beginning and
there terminating.
WHEREAS, the Shakopee Planning Commission considered the request at its
meeting of November 6, 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 Shako pee at 7:00 P.M. on the 18th day of November,
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 ofthe 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:
That the public road easement described is vacated subject to the following
conditions:
1. The applicant will reimburse the City for all surveying expenses incurred as
part ofthe vacation ofthis easement.
2. The applicant will need to dedicate all easements as required by the City
Code and the City Design Criteria prior to recording of a final plat.
3. The applicant will provide an easement to Center Point Energy over the
following area: That part of the vacation area described as the northerly
20.00 feet, measured at right angles, as measured along the tangential
curve not referenced in the drawing. Additionally, the most easterly 40.00
feet of the vacation area, lying 40.00 feet westerly of the highway easement
referenced in Document No. 559028.
4. The applicant shall comply with the conditions of the Stipulation of
Conditional Settlement as to Parcel 5.
5. This vacation shall not be recorded until such time as the easement to
Center Point Energy has been recorded with Scott County.
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 ,2008.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
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CITY OF SHAKO PEE
Memorandum
CASE NO.: 08-056
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Public Road Easement
MEETING DATE: November 6, 2008
REVIEW PERIOD: September 23,2008 - January 21,2009
SITE INFORMATION:
Applicant: Mark Saliterman
Location: South of Eagle Creek Blvd. and West ofCSAH 83 (See Exhibit A)
Existing Zoning: Agricultural Preservation (AG) Zone
Adjacent Zoning: North: Highway Business (B 1) Zone
East: Highway Business (B 1) Zone
South: Agricultural Preservation CAG) Zone
West: Agricultural Preservation (Ag) Zone
Compo Plan: Commercial
MUSA: The site is within the MUSA boundary.
INTRODUCTION
The City has received a request from Mark Salitennan to consider the vacation of public road easement
south of Eagle Creek Blvd. and west ofCSAH 83. Please see attached Exhibits A and B detailing the
location of the easement proposed for vacation.
CONSIDERATIONS
The City Council will hold a public hearing on November 18, 2008 to consider this vacation request. A
recommendation from the Planning Commission is required for the vacation process.
At the time that intersection of Eagle Creek Blvd. and CSAH 83 was reconstructed, the City entered into
an agreement with the applicant regarding this vacation and the provision . of easements for the
reconstruction project. A copy ofthe settlement agreement for this case is attached as Exhibit E.
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 easement subject to the City being reimbursed for all surveying expenses incurred as a part of the
vacation of this easement. A second recommended condition of approval is that the applicant will
dedicate all easements as required by the City Code and the City Design Criteria prior to recording of a
final plat.
Center Point Energy has commented that it has 2 existing natural gas mains within the area proposed
for vacation. Center Point has stated that an easement will need to be retained over the gas mains.
Staff has included a condition of approval to this effect. Exhibit D is a copy of the letter from Center
Point Energy.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, subject to the conditions outlined in
this memorandum.
2. Recommend to the City Council the approval of the vacation, subject to revised conditions.
3. Recommend to the City Council denial ofthe 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 the following conditions:
1. The applicant will reimburse the City for all surveying expenses incurred as part of the vacation
of this easement.
2. The applicant will need to dedicate all easements as required by the City Code and the City
Design Criteria prior to recording of a final plat.
3. The applicant will provide an easement to Center Point Energy over the following area: That
part of the vacation area described as the northerly 20.00 feet, measured at right angles, as
measured along the tangential curve not referenced in the drawing. Additionally, the most
easterly 40.00 feet of the vacation area, lying 40.00 feet westerly of the highway easement
referenced in Document No. 559028.
4. The applicant shall comply with the conditions of the Stipulation of Conditional Settlement as
to Parcel 5.
5. This vacation shall not be recorded until such time as the easement to Center Point Energy has
been recorded with Scott County.
ACTION REQUESTED
Offer and pass a motion recommending approvalofthe vacation, subject to the conditions outlined in this
report.
h:\boaa-pc\2008\II-06\vac saliterman 08056.doc
/.- EXHIBIT A
City of Shakopee
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3960 EAGLE CREEK BLVD SHAKOPE
SHAKOPEE MN 55379
CoMMUNrlYPRIDESlNCE 185
Vacation of Public Road along
Northern Property Line
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'AI~I:I MinnBepoIjs, MN 65418 c.s.A.H. 83/ c.s.A.R. 16IMPROVEMENTs
"~Q lIIMlt~com VACATIONBXHIBrr Parcel NO.1
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INFRASl'RUc1URE , ENllINEERING 'l'LNIIIIlG I CONSlRUcnON ,
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City of Shakopee
Memorandum
TO: Julie Klima, Planner II ~~~~
FROM: Joe Swentek, Project Engineer
SUBJECT: V acationof Public Road Easement - Saliterman Property
PID NO.: 27-909005-0
CASE NO.: 08056
DATE: October 24, 2008
The application indicates a request to vacate a portion of the public road easement on. the
above referenced property in order to accommodate a future development. This vacation
was part of an agreement with the property owner at the time of the County Road 16 (now
Eagle Creek Boulevard) and County Road 83 (Canterbury Road) reconstruction project.
After reviewing the above referenced application, the engineering department has the
following comments for the applicant and the planning department:
1. The applicant will reimburse the City for all surveying expenses incurred as part of
the vacation of this easement. The total amount to be reimbursed at this point is
$535.50 (please see the attached invoice from WSB & Associates, Inc.).
2. The applicant will need to dedicate all easements as required by the City Code and
:::.'J}Z~f.'jhL', the City Design Criteria prior to recording of a final plat. ,;~~,;:~'):/'
Recommendation
Engineering staff recommends approval of the vacation of easement request subject to the
conditions above being addressed by the applicant.
H:\EMPLOYEE FOLDERSIlSwentek\Staff.ReviewslVacate\Case.Number_08056. Vacate.Road,Esse (Saliterman),docx
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WSB
& Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South
Suite 300
City of Shakopee September 22, 2008 Minneapolis, MN 55416
Attn: Bruce Loney Project No: 01354-050 Tel: 763-541-4800
129 Holmes Street S Invoice No: 1 Fax: 763-541-1700
Shakopee. MN 55379
CSAH 16 Vacation
Professional Services from Auqust 1. 2008 to Auqust 31. 2008
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Ische, Steven 1.50 126;00 189.00
Office Survey
Ische, Steven 1.50 126.00 189.00
Niemann, Scott 1.50 105.00 157.50
Totals 4.50 535.50
Total Labor 535.50
Total this Invoice $535.50
Billings to Date
Current Prior Total
Labor 535.50 0.00 535.50
Totals 535.50 0.00 535.50
Comments:
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Approved by: ~~es-~~
Reviewed by: Bret Weiss
Project Manager: Steven Ische ')\~
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Minneapolis I St. Cloud
Equal Opportunity Employer
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. CenterPoint@ 700 West Linden Avenue
PO Box 1165
Energy Minneapolis, MN 55440-1165
October 24, 2008
Julie Klima
Planner \I
1 29 South Holmes
Shakopee, MN. 55379
RE: Proposed Street vacation of Eagle Creek Boulevard.
Dear Ms. Klima:
With reference to the proposed street vacation mentioned above, CenterPoint Energy
does have tvvo existing natural gas mains in that portion of Eagle Creek Boulevard
proposed to be vacated.
Since these natural gas mains are an important .. part of CenterPoint Energy's
distribution system in this area, we must object to this proposed vacation unless
suitable easement rights are reserved to CenterPoint Energy, pursuant to MnSta
160.29 & MnRule 7819.3200.
Please 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 the following area of the proposed street vacation:
That part of the vacation area described as the northerly 20.00 feet, measured at
right angles, as measured along the tangential curve not referenced in the
dravying. . .. -
Additionally, the most easterly 40.00 feet of the vacatio~area, lying 40.00 feet
w~sterlyof the highwayeasement:referenced in document number 559028.
We may consider removing our objection should the petitioner wish to reimburse
CenterPoint Energy the cost of relocating the existing gas main. To discuss this and
any other options that may be available please have the petitioner contact Andrew
Balgobin, Administrative Engineer at 612-321-5426.
Thank you for the advance notice and please send me a copy of the final action on
this proposal.
Respectfully,
CENTERPOINT. ENERGY
Jk-../t{?~
Steven Von Barg.en '.. ;'
Right-or-Way Administrator'
pc: Andrew Balgobin, Administrative Engineer
Pat Hanson, CenterPoint Energy
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Case Type: Cond~mnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRlCT
City of Shakopee, a Minnesota municipal File No. 70-CV-06-7555
corporation,
Petitioner,
vs.
STIPULATION OF
Gene Hauer Farnis Limited Partnership; CONDITIONAL SETTLEMENT
Amalgamated Land Co., a Minnesota AS TO PARCEL 5
corporation; CimarronManagement Group LLC,
a Colorado limited liability company; Central
Bank; Jom F. Bonner, 1lI; Mark D. Saliterman;
Wells Fargo Bank, National Association; City of
Shakopee; County of Scott; all other parties
unlmown having any right, title, or interest in the
subject properties described herein together with
unknown heirs or devisees and spouses, if any,
Respondents.
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THIS STIPULATION is made by and among the Petitioner the City of Shakopee ("City")
and Respondent Mark D. Saliterman ("Respondent").
WHEREAS, Respondent is the fee owner of the real property located at 3960 Eagle Creek
Blvd., Shakopee, MN 55379, which is identified as ParcelS in this action and is legally described in
the attached Exhibit A (the "Property"); and
WHEREAS, the City has commenced an action in condemnation to acquire permanent and
temporary easements over, under and across portions of the Property for a project known as the 17th
AvenueIrnprovernent Project (City Project 2006-01) (the "Project"); and
305735vl CAH SH155-167
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WHEREAS, the City has previously paid to Respondent the sum of$31,300.00 as the City's
approved appraised value of the easements acquired in this action; however, Respondent has never
cashed the City's check for the $31,300.00; and
WHEREAS, the parties have reached a full and final settlement and compromise concerning
the matters in dispute.
NOW, THEREFORE, the parties stipulate as follows:
1. Return of Funds. Upon execution of this. Stipulation, Respondent agrees to return
to the City the City's check for $31,300.00.
2. City to Obtain County Right-of-Way. The Property is adjacent to Scott County
Road No. 16. City agrees to undertake to obtain from Scott County the County's right, title and
interest in that part of County Road No. 16 that is adjacent to the Property and that the County
determines is no longer needed for County highway purposes. Attached as Exhibit B is a
depiction of the area that the City will attempt to obtain from the County; however, both parties
acknowledge that the County will make the final determination of what county right-of-way
adjacent to the Property, if any, that the County will convey to the City (the "Adjacent Right-of-
Way").
3. Vacation of Right of Way. City will notify Respondent when it has obtained the
County's right, title and interest in the Adjacent Right-of-Way and will furnish Respondent with
a survey depicting and legally describing the Adjacent Right-of-Way. Respondent agrees to
make application to the City to vacate the public road easement over the Adjacent Right-of-Way
and to pay the customary and routine fees and charges associated with that application. In
addition, Respondent agrees to reimburse the City for its actual costs for the survey and legal
305735vl CAH SH155-167
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description of the Adjacent Right-of-Way. The City reserves the discretion accorded to it under
law with respect to approving or denying the Respondent's vacation application.
4. Approval of Vacation Application. If the 'Respondent's application to vacate the
road easement over the Adjacent Right-of-Way is approved, (a) the Respondent will execute an
instrument conveying the easements described in the attached Exhibit A to the City and will
cooperate with City in obtaining the consent of Respondent's mortgagee to that instrument, and
(b) the City will dismiss the condemnation action with respect to the Property and will discharge
the notice of lis pendens against the Property. For purposes of this paragraph, the Respondent
agrees that the City may, as part of an approval, reserve easements for existing utilities located in
the Adjacent Right-of-Way and that such a reservation will not affect the validity of this
S tip ulatio ll.
5. Denial of Vacation Application. If the Respondent's application to vacate the
road easement over the Adjacent Right-of-Way is denied, then (a) the parties shall proceed with
the condemnation action; and (b) the City shall promptly repay to Respondent and its mortgagee
the $31,300.00 as the approved appraised value of the easements acquired and shall also
promptly refund to Respondent any amounts that Respondent paid to City in accordance with
paragraph 3 above for survey and legal description costs
Dated: February &,2007. KENNEDY & GRAVEN, CHARTERED
By: ~ ;d, ~
Corrine H. Thomson (#149743)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
305735vl CAH SH155-167
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Dated: February J.L, 2007.
ATTORNEYS FOR RESPONDENT
MARK D. SALITERMAN
305735\11 CAH SHL55-167
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EXHIBIT A
ParcelS: (p.I.D. No. 279090050) (Abstract Property)
Pro?ertv Address: 3960 Eagle Creek Blvd., Shakopee, MN 55379.
Legal Description ofSubiect Property:
That part of the East One half of the Southwest Quarter, Section 9, Township 115,
Range 22, Scott County, Minnesota, described as follows:
Beginning at the southeast corner of said East one-half of the
Southwest Quarter; thence South 89 degrees 57 minutes 56 seconds
West assumed bearing along the south line of said East one-half of
the southwest for distance of 760.47 feet; thence North 00 degrees 25
minutes 20 seconds West for a distance of 1403.17 feet to the
centerline of County State Aid Highway No. 16 West (Eagle Creek
Boulevard) as described in Document No. 409053; thence South 59
degrees 46 minutes 27 seconds East along said centerline for a
distance of 883.80 feet to the East line of said East one-half of the
Southwest Quarter; thence South 00 degrees 25 minutes 42 seconds
East along said East line for a distance of 9S7. 79 feet to the point of
beginning and there terminating.
Description of Taking:
1. A perpetual, non-exclusive easement for utility and drainage purposes over, under, across
and through that part of the above-described Property identified as Parcel No. PE5, as shown on
City of Shako pee Road Right of Way Plat No.3, according to the plat thereof on file in the office of
the County Recorder in and for Scott County, Minnesota.
2. A temporary easement for construction purposes over, under, across and through that part of
the above-described Property identified as Parcel No. TES, as shown on City of Shakopee Road
Right of Way Plat No. 3, according to the plat thereof on file in the office of the County Recorder in
and for Scott County, Minnesota.
Said temporary easement expires on December 31, 2007.
Said taking is subject to existing easements.
305735vl CAH SH155-167
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Names and Description of Interests to be Acquired
"...:.....< Name Nature ofInterest
Mark D. Saliterinan Fee owner
Wells Fargo Bank, National Association - Mortgagee
City of Shakopee Special assessments
Scott County, Minnesota Real estate taxes
All other parties unknown, together with Any right, title or, interest in the Subject Property
unknown heirs or devisees and spouses, if any
- Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
,'- Petitioner's intention herein to encumber all interests owned by the named respondents in the
above-described real estate.
-
.
305735vl CAH SH155-167
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