HomeMy WebLinkAbout15.A.1. Vacation of Easement-Res. No. 5857
CITY OF SHAKOPEE IS: fT. J ~
Memorandum
CASE NO.: 02-059 CONSENT
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Vacation of Easement North ofCR 42 and east and west ofCSAH
17
MEETING DATE: February 18, 2003
INTRODUCTION:
At the February 4, 2003 meeting Council directed City staff, the City Attorney, and
representatives to reach agreement on the easement to be retained. That has been done, and
a copy ofthe revised resolution is attached for Council's action, as well as a copy ofthe
previously approved resolution.
ACTIONS REQUESTED:
Council is asked to take the following actions:
1. Offer and approve Resolution No. 5857, a resolution of the City of Shako pee
vacating a blanket easement and retaining an easement for drainage and utility
purposes, and repealing Resolution No. 5764.
And
2. Direct staffto hold off recording Resolution No. 5857 until the City Attorney has
drafted and/or approved an easement including a hold harmless provision, and said
easement has been executed and is in recordable form and is delivered to the City.
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R. Michael Leek
Community Development Director
RESOLUTION NO. 5857
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN EASEMENT
NORTH OF COUNTY ROAD 42 AND EAST AND WEST OF CSAH 17, CITY OF
SHAKOPEE, SCOTT COUNTY, MINNESOTA
WHEREAS, it has been made to appear to the Shakopee City Council that an easement
located north of CR 42 and east and west of CSAH 17, City of Shakopee, County of Scott,
State of Minnesota, serves no public use or interest; and
WHEREAS, a public hearing to consider the action to vacate was held in the
Council Chambers ofthe City Hall in the City of Shakopee at 7:00 P.M. on the 4th day of
February 2003; and
WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY
NEWS, 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
individual notice was sent to the owners of property in the plat of Weinandt Acres; 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:
1. That it finds and determines that the vacation hereinafter described as a
part of the attachment (Exhibit A) is in the public interest;
2. That the easement described above serves no further public purpose;
3. That the easement described above is hereby vacated, subject to the
retention of a drainage and utility easement in form approved by the City
Attorney.
4. That Resolution No. 5764 is hereby repealed in its entirety.
After the adoption ofthe 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 _dayof ,2003.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
RESOLUTION NO. 5764
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN EASEMENT
NORTH OF COUNTY ROAD 42 AND EAST AND WEST OF CSAH 17, CITY OF
SHAKOPEE, SCOTT COUNTY, MINNESOTA
WHEREAS, it has been made to appear to the Shakopee City COlUlCil that an
easement located north of CR 42 and east and west of CSAH 17, City of Shakopee, County
of Scott, State of Minnesota, 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 2nd day of
July, 2002; 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:
5. That it finds and determines that the vacation hereinafter described as a
part of the attachment (Exhibit A) is in the public interest;
6. That the easement described above serves no further public purpose;
7. That the easement described above is hereby vacated.
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 _dayof ,2002.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
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CSAH 42
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Proposed Vacation of Easement
o Zoning Boundary
: Parcel Boundary