HomeMy WebLinkAbout6.A. Vaction of Public Right-of-Way/Roadway Easement Adjacent to Canterbury Park - Res. No. 7626Public Hearings 6. A.
SHAKOPEE
TO: Mayor and City Council
FROM: Mark Noble, Senior Planner
DATE: 10/20/2015
SUBJECT: Vacation of Public Right-of-Way/Roadway Easement Adjacent to
Canterbury Park - Res. No. 7626 (B)
Action Sought
The Council is asked to conduct a public hearing and then make a decision on the
request from Canterbury Park Holding Corporation for vacation of Public
Right-of-Way/Roadway Easement for a portion of 12th Avenue west of Vierling
Drive.
Discussion
Canterbury Park Holding Corporation has submitted an application for vacation of
Public Right-of-Way/Roadway Easement of that portion of 12th Avenue located
west of Vierling Drive (see attached plans and aerial).
This vacation request is integral to Canterbury's plan to consolidate their property
into a more manageable legal description, as well as more developable parcels.
Right-of-way included in this request include a portion of 12 th Avenue located
west of Vierling Drive, and a Public Roadway Easement located in the same
vicinity. Should the vacation be approved, the applicant would proceed with a
preliminary plat that would consolidate this right-of-way into proposed platted lots.
City departments, Scott County and other outside agencies were given the
opportunity to review and provide comments regarding this application. Planning
staff have received comments that there are existing utilities located in the
rights-of-way, and recommend that the applicant either provide easements over
these rights-of-way or discuss processes for relocation of said services, with
agreements that address the details and costs involved with the relocation of
services.
The public hearing has been published for this October 20, 2015 City Council
meeting. Comments from staff members and utilities, as well as a recommendation
from the Planning Commission, will be presented for the Council's consideration.
Planning Commission Recommendation
The Planning Commission considered this application at their October 8, 2015
meeting, and by a 6-0 vote, recommended approval, conditioned on the applicant
providing easements as required by City Engineering, SPUC and CenterPoint
Energy, or relocate said services, with agreements that address the details and costs
involved with the relocation of services.
Action Sought
Following the public hearing, the Council is asked to offer Resolution No. 7626, a
resolution approving a vacation of Public Right-of-Way/Roadway Easement of that
portion of 12th Avenue located west of Vierling Drive, and move its adoption.
Attachments: Exhibits - Legal & Sketches
Review Comments
Aerial
Resolution No. 7626
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TO:
FROM:
SUBJECT:
CASE #:
DATE:
City of Shakopee
Memorandum
Mark Noble, Senior Planner
Joe Swentek, Project Engineer 41
Vacation of Right -of -Way (Canterbury Park—(J12th Avenue at Vierling Drive)
15053
August 31, 2015
The application indicates a request to vacate the 12th Avenue right-of-way and roadway easement west
of the intersection with Vierling Drive.
The engineering department has completed its review of the vacation request and offers the following
comments at this time for the applicant and for the planning department:
1. Existing storm sewer within the proposed vacation area will need to remain in right-of-way
and roadway easement or be in a dedicated drainage and utility easement. The dimensions
of the right-of-way and roadway easement or drainage and utility easement will comply with
requirements set forth in Section 10.1.A of the City of Shakopee Design Criteria.
2. With future plat applications, the City Engineer will determine the alignment of all public
streets, sanitary sewer, storm sewer and associated appurtenances needed to serve the area.
Adequate rights-of-way and easements will be dedicated at this time.
3. It appears there is public watermain in the proposed vacation area. The applicant will contact
Shakopee Public Utilities (SPU) regarding their requirements.
4. Provide electronic files (AutoCAD and Portable Document Format — PDF) of any additional
rights-of-way and/or easements to be recorded with datum on the Scott County coordinate
system.
Recommendation
Should the City recommend approval of this request, the engineering department suggests the items
listed above be attached as conditions of the approval.
H:\ENG\EMPLOYEE FOLDERSVSwenwk\Staff.Revlews\Vacate\Cm Number 15053 VawteROW (Cant Park 12thAve_V1er1ingDr)083115.d=
0"d SHAKOPEE PUBLIC UTILITIES COMMISSION
"Lighting the Way - Yesterday, Today and Beyond"
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Vacation of 12th Avenue West of Vierling Drive
CASE NO: 15053
DATE: 9122-115-
COMMENTS:
/22//SCOMMENTS:
There is an existing 12 -inch public water main within the 12th Avenue
right of way. An easement should be retained over the water main.
The water main may be relocated if necessary when the property is
developed, but it would be at the development's expense and the water
main will have to be extended at that time further west/north to tie
into another water main to complete the loop.
Post Office Box 470 , 255 Saiazin Street - Shakopee, Minnesota 55379-0470
(952) 445-1988 = Fax (952) 445-7767 > www.spucweb.com 3
Reliable Public
Paver Provider
CenterPoint.
Energy
September 1, 2015
Tami Vidmar
Shakopee Community Development
129 South Holmes Street
Shakopee, MN 55379
CaseLog No. 15053
RE: Vacation of 12th avenue West of Vieding Drive
Dear Mrs. Vidmar.
700 West Linden Avenue
PO Box 1165
Minneapolis, MN 55440-1165
With reference to the Vacation of 12th avenue West of Vierling Drive CenterPoint Energy
has a size 2 Class 6 Distribution gas main in the proposed 12th avenue West Right of
Way that will need to be relocated or put in easement before was can agree to this
vacation.
Since this gas service is an important part of the distribution system for this development
we must object to the Vacation request of 12th avenue West unless suitable
arrangements are made with CenterPoint Energy pursuant to MnSta 160.29 & MnRule
7819.3200.
We may consider removing our objection should the petitioner wish to reimburse
CenterPoint Energy the cost of relocating this 2" inch distribution natural gas main.
Please inform the petitioner to contact Andrew Balgobin, Administrative Engineer, at
612-321-5426 to discuss this and any other options that may be available.
Thank you for the advance notice and please send me a copy of the "final action" on this
proposal.
Respectfully,
CENTERPOINT ENERGY
Chuck Mayers RWP
Right -of -Way Specialist
pc: Andrew Balgobin, Administrative Engineer
Scott Lehner, Area Manager
Jacob Parenteau, Area Supervisor Operations
Jongerius, Alan, Master Tech ADV Foreperson
Travis Denzel, Rehab Designer
Melissa Lisher, Sales representative
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RESOLUTION NO. 7626
A RESOLUTION APPROVING A VACATION OF PUBLIC RIGHT-OF-
WAY/ROADWAY EASEMENT OF 12TH AVENUE WEST OF VIERLING DRIVE
WHEREAS, Canterbury Park Holding Corporation (applicant and property
owner) has made an application proposing the vacation of Public Right-of-Way/Roadway
Easement of that portion of 12th Avenue located west of Vierling Drive; and
WHEREAS, it has been made to appear to the Shakopee City Council that the
Public Right-of-Way/Roadway Easement of that portion of 12th Avenue located west of
Vierling Drive are no longer of public use or interest; and
WHEREAS, the Public Right-of-Way/Roadway Easement to be vacated are legally
described within an attached Exhibit (Exhibit A); and
WHEREAS, the Shakopee Planning Commission considered the request at its
meeting of October 8, 2015, and unanimously recommended approval with conditions to
the City Council; and
WHEREAS, a public hearing to consider the action to vacate the public easement
was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M.
on the 20'h day of October, 2015; and
WHEREAS, ten days published notice was provided by publication of the notice
in the SHAKOPEE VALLEY NEWS and posted notice was provided 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA,
1. It finds and determines that the vacation of Public Right-of-Way/Roadway
Easement of that portion of 12th Avenue located west of Vierling Drive
hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, THAT:
1. The property owner shall provide easements as required by City Engineering,
SPUC and CenterPoint Energy, or relocate said services, with agreements that
address the details and costs involved with the relocation of services.
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 the _
Minnesota, held the
ATTEST:
Lori Hensen, City Clerk
session of the City Council of the City of Shakopee,
day of
2015.
Mayor of the City of Shakopee
Exhibit A
12th Avenue Right of Way Vacation Legal Description
CANTERBURY PARK FIFTH ADDITION
That part of 12th Avenue as dedicated on CANTERBURY PARK FIFTH ADDITION, according to the
recorded plat thereof, Scott County, Minnesota, lying northwesterly of the following described line:
Beginning at the northeast corner of Lot 1, Block 1, said CANTERBURY PARK FIFTH ADDITION;
thence North 13 degrees 07 minutes 15 seconds East, assumed bearing along the northeasterly
extension of an easterly line of said Lot 1, Block 1, a distance of 22.57 feet to the north right of
way line of said 12th Avenue and said line there terminating.
Public Roadway Easement per Doc. No. 415260 and Doc. No. 94876
That part of the East half of the Northeast Quarter of Section 3 and the Northwest Quarter of Section 9,
Township 115, Range 22, Scott County, Minnesota, except that part of said East half of the Northeast
Quarter of Section 8 and except that part of said Northwest Quarter of Section 9, Township 115, Range
22, Scott County, Minnesota, lying South, Southwesterly and Southeasterly of the following described
line (Line A):
Line A: Commencing at the Southeast corner of said Northwest Quarter of Section 9; thence on an
assumed bearing of North 1 degree 10 minutes 22 seconds West along the East line of said
Northwest Quarter, a distance of 730.00 feet to the point of beginning of the line to be described;
thence South 88 degrees 49 minutes 38 seconds West, a distance of 2572.89 feet; thence along a
tangential curve concave to the North, having a radius of 1,321.00 feet. a central angle of 64
degrees 32 minutes 00 seconds, an arc length of 1,487.87 feet; thence South 63 degrees 21
minutes 38 seconds West (not tangent to said curve) a distance of 200 feet more or less to the
West line of said East half of the Northeast Quarter of said Section 8 and there terminating.
lying northwesterly of the following described line:
Beginning at the northeast corner of Lot 1, Block 1, said CANTERBURY PARK FIFTH ADDITION;
thence North 13 degrees 07 minutes 15 seconds East, assumed bearing along the northeasterly
extension of an easterly line of said Lot 1, Block 1, a distance of 22.57 feet to the north right of
way line of said 12th Avenue and said line there terminating.
Regular Session
1. Roll Call
TENTATIVE AGENDA
Shakopee Economic Development Authority
7:00 p.m.
LOCATION Council Chambers City Hall 129 Holmes Street South
2. Approval of the Agenda
3. Consent Business
A. EDA Bill List
4. General Business
5. Adjourn to Tuesday, November 17, 2015 at 7:00 p.m.
October 20, 2015
Note to EDA Members:
If you have any questions or need additional information on any of the above items, please call Samantha
DiMaggio prior to the meeting at (952) 233-9317.