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Home My WebLink About7.B. Proposed Vacation of an Easement in Westridge Lake Estates 2nd Addition-Res. No. 7053~j ~l CITY OF SHAKOPEE Memorandum CASE NO.: 10-024 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Mark Noble, Planner II SUBJECT: Public Hearing for Vacation of Easement in Westridge Lake Estates 2nd Addition MEETING DATE: October 19, 2010 INTRODUCTION Darrel Gonyea has submitted an application for vacation of an easement located at 1053 Peninsula Point Road & 1067 Vista Ridge Lane (Lots 1 & 2, Block 3, Westridge Lake Estates 2"d Addition) as identified in Exhibit A. On the attached documents, the existing easement is noted. The applicant is intending to realign the common property line thru a Minor Subdivision application and would provide a new easement along the newly created property line, consistent with the City Engineering Department's requirement. The applicant previously received approval to vacate a drainage and utility easement, as well as approval of a minor subdivision, for this property in 1998. However, apparently a landscape contractor did not properly install plantings and other site improvements within the properly; therefore the applicant is seeking a further revision to the property lines. If approved, staff will work with the applicant on completing the minor subdivision request, consistent with the Council's action. There will be minimal net affect on both parcels if the minor subdivision is approved, and the current vacant parcel will remain a buildable lot. DISCUSSION The attached resolution sets a public hearing for Tuesday, October 19, 2010. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for consideration. The Planning Commission considered the request at its October 7, 2010 meeting, and by a 6-0 vote, recommended approval of the request, with an additional condition that the applicant provide fmancial security for fees incurred by staff in their review of the easement documentation. VISIONING RELATIONSHIP Goal B: Positively manage the challenges and opportunities presented by growth, development and change. ALTERNATIVES Approve Resolution No. 7053, A Resolution Approving a Vacation of Easement within Westridge Lake Estates 2°d Addition at 1053 Peninsula Point Road and 1067 Vista Ridge Lane. 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 information. PLANNING COMMISSION RECOMMENDATION The Planning Commission, by a 6-0 vote, recommends that the City Council approve Resolution No. 7053, A Resolution Approving a Vacation of Easement within Westridge Lake Estates 2°d Addition at 1053 Peninsula Point Road and 1067 Vista Ridge Lane. ACTION REQUESTED Offer Resolution No. 7053, A Resolution Approving a Vacation of Easement within Westridge Lake Estates 2°d Addition at 1053 Peninsula Point Road and 1067 Vista Ridge Lane, and move its adoption. Mark Nob Planner II h:\cc\2010\10-19\10024 VAC Gonyea_Public Hearing.doc RESOLUTION N0.7053 A RESOLUTION APPROVING A VACATION OF EASEMENT WITHIN WESTRIDGE LAKE ESTATES 2'~'D ADDITION AT 1053 PENINSULA POINT ROAD & 1067 VISTA RIDGE LANE WHEREAS, it has been made to appear to the Shakopee City Council that the 20 foot by 472.55 foot (approximate) 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: A 20.00 foot wide easement for drainage and utility purposes over and across that part of Lots 1 and 2, Block 3, Westridge Lake Estates 2"d Addition, Scott County, Minnesota, the centerline of said easement is described as follows: Beginning at the Southeast corner of said Lot 2; thence North 01 degree 01 minute 14 seconds East, along the East line of said Lot 2, a distance of 92.86 feet; thence North OS degrees 28 minutes 53 seconds East, a distance of 63.77 feet; thence North 34 degrees SO minutes 04 seconds East, a distance of 86.92 feet; thence North 24 degrees 02 minutes 46 seconds West, a distance of 229 feet more or less to the waterline of O'Dowd Lake and there terminating. WHEREAS, the Shakopee Planning Commission considered the request at its meeting of October 7, 2010, 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 19~' day of October, 2010; 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: 1. It finds and determines that the vacation of the 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, THAT: 1. Relocate the proposed property line so all portions of the septic system and boulder retaining wall are outside of the new drainage and utility easements. 2. The vacation of easement and minor subdivision shall be recorded simultaneously. 3. The drainage and utility easement described is vacated subject to the following condition: a. All recording fees and fees related to city staff's costs for review of vacation ofright-of--way/easements applications, and the review of and preparation of documents for recording purposes are to be paid by the applicant, prior to staff recording the resolutions at Scott County Land Records. 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 , 2010. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CERTIFICATE OF SURVEY ADDRESS: 1053 PENINSULA POINT ROAD, CITY OF SHAKOPEE 1VIN. FOR DAR:REL GONYEA ~ ~~~~ o~ o~ ~~ , ~- 00 ~~ 0 EASEMENT DESCRII'TION A 20.00 FOOT WIDE EASEMENT FOR DRAINAGE & UTILITY PURPOSES OVER AND ACROSS THAT PART OF LOTS 1 AND 2, BLOCK 3, WESTRH)GE LAKE ESTATES SECOND AllDI1'ION, SCOTT COUNTY MINNESOTA, THE CENTERLINE OF SAID EASEMENT IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST' CORNER OF SAID LOT 2; THENCE N Ol°01'14" E, ALONG THE EAST LINE OF SAID LOT Z, A DISTANCE OF 92.86 FEET; THENCE N 05°28'53" E, A DISTANCE OF 63.77 FEET; THENCE N 34°50'04" E, A DISTANCE OF 86.92 FEET; THENCE N 24°02'46" W, A DISTANCE OF 229 FEET MORE OR LESS TO THE WATERLINE OF O'DOWD LAKE AND THERE TERMINATING. PARCEL A LOT 2, BLOCK 3, WESTRHDGE LAKE ESTATES SECOND ADDITION, SCOTT COUNTY, MINNESOTA, EXCEPT THAT PART OF SAH) LOT 2, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAH) LOT 2; THENCE N Ol°Ul'14" E, ALONG THE EAST LINE OF SAH) LOT 2, A DISTANCE OF 92.86 FEET; THENCE N 05°28'53" E, A DISTANCE OF 63.77 FEET; THENCE N 34°50'04" E, A DISTANCE OF 86.92 FEET; THENCE N 24°02'46" W, A DISTANCE OF 125.88 FEET TO THE EAST LINE OF SAH) LOT 2 ANll THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBEll; THENCE N 24°02'46" W, A DISTANCE OF 103 FEET MORE OR LESS TO THE WATERLINE OF O'llOWD LAKE ANll THERE TERMINATING. TOGETHER WITH THA T PART OF LOT 1, OF SAH) BLOCK 3, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE SOUTHWEST CORNER OF SAH) LOT 1; THENCE N Oi°01'14" E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 92.86 FEET TO THE POINT OF BEGINNING OF THE LINES TO B.E DESCRIBED; THENCE N 05°28'53" E, A DISTANCE OF 63.77 FEET; THENCE N 34°50'04" E, A DISTANCE OF 86.92 FEET; THENCE N 24°02'46" W, A DISTANCE OF 125.88 FEET TO THE WEST LINE OF SAH) LOT 1 AND THERE TERMINATING. Bohlen Surveying & Associates 31482 Foliage Avenue 1584 Cliff Road Easl Northfield, MN 55057 ,Q Burnsville, MN 55337 Phone: (507) 845-7768 ~ Phone: (952) 895-9212 Fax: (507)645-7799 Fax: (952)895-9259 „~,~s~~g~ LANE PARCEL B LOT 1, BLOCK 3, WESTRll)GE LAKE ESTATES SECOND ADDITION, SCOTT COUNTY, MINNESOTA, EXCEPT THAT PART OF SAH) LOT i, LYING WESTERLY OF THE"FOI,LOWiNG DESCRIBED LINES:. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N Ol°01'14" E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 92.86 FEET TO THE POINT OF BEGINNING OF THE LINES TO BE DESCRll3ED; THENCE N OS°28'53" E, A DISTANCE OF 63.77 FEET; THENCE N 34°50'04" E, A DISTANCE OF 86.92 FEET; THENCE N 24°02'46" W, A DISTANCE OF 125.88 FEET TO THE WEST LINE OF SAIll LOT 1 AND THERE TERMINATING. 'T'OGETHER WITH THAT PART OF LOT 2, OF SAID BLOCK 3, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT'THE SOUTHEAST CORNER OF SAID LOT 2; `THENCE N 01°01'14" E, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 92.86 FEET; THENCE N OS°28'53" E, A DISTANCE OF 63.77 FEET; THENCE N 34°50'04" E, A DISTANCE OF 86.92 FEET; THENCE N 24°02'46" W, A DISTANCE OF 125.88 FEET TO THE EA5T LINE OF SAID LOT 2 AND THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE N 24°02'46" W, A DISTANCE OF 103 FEET MORE OR LESS TO TIIE WATERLINE OF O'DOWD LAKE AND THERE TERMINATING. 1 HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE: 8-25-2010 111,0"I'4aa J. ~i I.ecrvw. THOMAS J. O'MEARA, LAND SURVEYOR „ ,„. „„,:, ,,.,,,, MINNESOTA LICENSE NO. 46167