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Home My WebLink About7. Vacation of Easement in Valley Rich 1st Addition-Res. No. 6884 t CITY OF SHAKOPEE Memorandum CASE NO.: 09-006 TO: Mayor and City Council; Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I SUBJECT: Vacation of Easement in Valley Rich First Addition MEETING DATE: March 17, 2009 , REVIEW PERIOD: January 15, 2009-May 15,2009 . "~: ',; .' INTRODUCTION The City has received a request from Lloyd's Construction Services to consider the vacation of a 20-foot by 210.82':'foot segment of drainage and utility easement adjacent to the south lot line of Lot 1, Block 1, Valley Rich First Addition. The applicant has received both preliminary and final plat approval from the City Council to combine this property and the adjacent property to the south in 2006, but has not recorded the plat at the Scott County Courthouse. The vacation would allow the applicant greater flexibility for use of the property in the future, since the easement is located in the center of the two properties. The applicant also wishes to have the City of Shakopee vacate this portion of easement so that he may record the plat without the described drainage and .' utility easement depicted on the final record plat. The deadline for the applicant to record the plat is May 16, " ".; .2009. If the plat i.s not recorded prior to May 16, the final plat approval is considered null and void, unless the City Council would grant another extension to the applicant allowing additional time to record the plat. CONSIDERATIONS The Engineering Department has requested a condition requiring the applicant to dedicate the same easement at no cost to the City of Shakopee, if the plat is not recorded within 6 months. At the March 5, 2009 meeting the Planning Commission unanimously recommended that the City Council approve the vacation request by a vote of 7-0. ALTERNATIVES 1. Approve Resolution No. 6884, a resolution vacating a 20 foot by 210.82 foot portion of a drainage and utility easement in Valley Rich First Addition. 2. Direct staff to prepare a resolution denying the vacation request. 3. Close the public hearing and table the decision to allow staff or the applicant time to provide additional infonnation. STAFF RECOMMENDATION Staff recommends Alternative No.1, approval of Resolution No. 6884. ACTION REQUESTED Offer and pass a motion approving Resolution No. 6884, and move its adoption. RESOLUTION NO. 6884 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENT IN V ALLEY RICH 1ST ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the 20 foot by 210.82 foot segment of drainage and utility easement, serves no public use or interest; and WHEREAS, the drainage and utility easement to be vacated is legally described as: That particular 20.00 foot drainage and utility easement, originally dedicated in the recorded plat of Valley Rich rt Addition, Scott County, Minnesota, and now to be vacated, along the south line Lot 1, Block 1, said plat, except the east and west 20.00 feet thereof. WHEREAS, the Shakopee Planning Commission considered the request at its meeting of March 5,2009, and unanimously 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 17th day of March, 2009; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: L That it finds and determines that the vacation ofthe City's drainage and utility interests hereinafter described is in the public interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 2. That the drainage and utility easement described is vacated subject to the following condition; a. The applicant must record the plat Lloyd's Properties First Addition by September 17,2009. lfthe plat is not recorded prior to September 17,2009, the applicant must dedicate; at no cost to the City of Shakopee, an easement for drainage and utility purposes matching the legal description of the easement vacated by this resolution. 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 ,2009. .' .. .,.,. '-::-". .,' '.I' ,~'. , Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shako pee, MN 55379 CERTIFICATION OF RESOLUTION NO. 6884 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 6884, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the _ day of , 2009, as shown by minutes of the meeting in my possession. Dated this _ day of ,20_. Judith S. Cox City Clerk ~ SEAL . Jf7 CITY OF SHAKOPEE Memorandum CASE NO.: 09-006 TO: Shakopee Planning Commission FROM: Kyle Sobota, Planner I SUBJECT: Vacation of Easement in Valley Rich First Addition MEETING DATE: March 5, 2009 REVIEW PERIOD: January 15, 2009 - May 15,2009 SITE INFORMATION: , Applicant: John Lloyd, Lloyd's Construction Services Location: Valley Rich First Addition (East of Maras Street and South of 13th Avenue East (see Exhibit A) Existing Zoning: Light Industry (I-1) Zone Adjacent Zoning: All surrounding properties are zoned Light Industry (I-I) Compo Plan: Industrial MUSA: The site is outside the MUSA boundary. Attachments: Exhibit A: Location and Zoning Map Exhibit B: Proposed Vacation Plan INTRODUCTION The City has received a request from Lloyd's Construction Services to consider the vacation of a 20-foot by 210.82-foot segment of drainage and utility easement adjacent to the south lot line of Lot 1, Block 1, Valley Rich , First Addition (Exhibit A & B). The applicant has received both preliminary and fmal plat approval from the City Council to combine this property and the adjacent property to the south in 2006, but has not recorded the plat at the Scott County Courthouse. The vacation would allow the applicant greater flexibility for use of the property in the future, since the easement is located in the center of the two properties. The applicant also wishes to have the City of Shakopee vacate this portion of easement so that he may record the plat without the described drainage and utility easement depicted on the fmal record plat. The deadline for the applicant to record the plat is May 6, 2009. If the plat is not recorded prior to May 6, the fmal plat approval is considered null and void, unless the City Council would grant another extension to the applicant allowing additional time to record the plat. CONSIDERATIONS The City Council will hold a public hearing on March 17, 2009 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 recommended that the applicant be required to record the final plat within 6 months of approval of the vacation. If the applicant does not record the plat within 6 months the applicant must dedicate at no cost to the City of Shakopee, an easement for drainage and utility purposes matching the legal description of the vacated easement. ALTERNATIVES 1. Recommend to the City Council the approval of the vacation, as presented. 2. Recommend to the City Council the approval of the vacation subject to 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 noted in this report. ACTION REQUESTED Offer and pass a motion recommending approval of the vacation, subject to conditions. ~ Kyle Sobota Planner I h:\boaa-pc\2009\03-05\09006 _ V AC _L1oyds.doc - ~, Pa~l~l ~ , , " '1"., _---...,-- \ .-.....----- , r \ , \ " I \ \ \,\ , "'''7; \ ":'j \, ~, '\~,' 'a;l ,t"lI _---I r'i1. ------..;..-- 'G ------ ~ .--- '-.' ',',' " ,l,U \ ~ 11 ~ I. d " ---\ '~. '" I ~, ' \ ~~ ~ , r ""'-~'--'" \ l \ I -........ , ,..-- \ , I, \ \ \ I \ I I \ I I -/'--- I /- ,--,....., i } '~'-"___ l I ! 1\ _ i ~~p.~" ," t\7;.1l, / ;'~ l /T~Jj-;-~)\ .~, /'/ l ~ tal&;t.l lf~l /' 11 11 .... d~~' l ,'-- t')" t / riiTl nBIlJ~">" I ~ ---.::.d,.-r' I ~ ~,~_ _ Subject Property SHAKOPEE ~ ..- ..... Shakopee Boundmy COMMtlNm'PRro2S1NCBl857 s [:J Zoning BoundiiJry D Parcel Boondialty Vacation of Easement between 2 lots 6x"ff1B1I It http:// gis.logis.org/shakopeellocationmap/map.asp ?title= V acation+of+Easement+between... , 01/15/2009 I ,1- -\ U\ c." h l!'r, e:" Y\. \- i I ,/~ I 4 I I I Scale: 1 inch =' 50 feet , /I..../~ of 1/ / /1 Portion of Drainage & Utility '...(, "', ,/",.. I ' Easement to be Vacated I ,. .. '/ ;''- \_\ " ,. 1" '...,' ,"', I (....I /\; \ "- <_I, "I... "- I I ., 20 I ',_, I I "- I \ I .. "- - ~/i/ I " . "- I I "- I "- " I I " "- I "- \ I . J . ,..-, I 1"'"\' " I I " I It 1\ I I ~- ~ ....II ~.. I ' ,- \ &... ~_...._ I I \ I ...~. f " " I " I " I- " w I " w " 0::: I " l- I LOT 1 " U) " I " U) " I " <( I"--- 0::: I I" <( :E \ BLOCK 1 I 20 - ... " I I " , , . I I I I 1-' '-' I I --, , .-- I I I I I " " I I I I __J I ,.4,.... ........ .4 I""~' t ~, ,.... .. t I"', . /-\L}L): : t~J:\~ t 1,>- I.....~ , "J.. I I 20 I I 20 ~~~~M~ I I I '- THE SOUTH LINE OF LOT 1, BLOCK 1. VALLEY RICH 1ST ADDITION I I Description of Easement to be Vacated That particUlar 20.00 foot drainage and utility easement, origInally dedicated in the recorded plat of Valley Rich 1st Addition, Scott County, Minnesota, and now to be vacated, along the south line Lot 1, Block 1, said plat, except the east and west 20.00 feetthereof. ,_._.~ Lloyd's Construction Services, Inc. Designed: Exhibit Number III FRA'48JJ2&h~~ Drawn: MFH L10yds Properties LLC Approved: HON PiyroolJthoMmesota. 55447 Initial Issue: 01/0912009 phone: 7631.flUDtO Shakopee, Minnesota _ McCOmb; Ff8nk RoOt il;(; 7631.fl6-B532 Rev.: Anoclllta;, Ine, 1MlbsIIa: lAMM'.miaam Easement Vacation Exhibit Date: Project No. LL018068 I (/~ (r~ r( B