HomeMy WebLinkAbout5.B.2. Temporary Emergency Access Easement-Riverside Fields 4th Add'nCASELOG NO.: NA
CITY OF SHAKOPEE
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Temporary Emergency Access Easement - Riverside Fields 4th Addition
MEETING DATE: November 23, 2010
INTRODUCTION:
Steven Soltau, on behalf of Shakopee Crossings Limited Partnership, has requested that the City execute a
certificate attesting that the secondary access from Crossings Boulevard is constructed and open to the public.
The request for this certificate is referenced in the temporary emergency access easement agreement, which
was recorded on September 12, 2005, as a condition of the approved Final Plat Resolution for Riverside Fields
4 Addition.
CONSIDERATIONS:
The recorded easement agreement states that the City requires a temporary easement for emergency access
purposes from Southbridge Parkway to Crossings Boulevard, until such time as an alternative means of access
to Crossings Boulevard (other than from County Road 18) is constructed and open to public travel. Presently,
Crossings Boulevard does have an approved secondary access road constructed and open to the public
(Crossings Boulevard has access to County Road 16, from Foothill Trail through the Riverside Bluffs
subdivision). Therefore; at the request of Shakopee Crossings Limited Partnership, the City shall execute a
certificate attesting that the secondary access is available, and that the recording of the certificate shall serve as
evidence of the termination of this easement agreement. The City has drafted a certificate attesting to
secondary access for the Council's review and consideration (attached). Additionally, staff has attached an
exhibit that identifies both the location of the temporary access as well as the approved secondary access for
Crossings Boulevard.
VISIONING RELATIONSMP:
This action supports Goal B: "Positively manage the challenges and opportunities presented by gro\tith,
development and change ".
ALTERNATIVES:
1. Approve the execution of the Certificate Attesting To Secondary Access, as presented.
2. Approve the execution of the Certificate Attesting To Secondary Access, with revisions.
3. Do not approve the execution of the Certificate Attesting To Secondary Access.
4. Table a decision and direct staff to provide additional information.
6:64„,
Mark Noble
'1; -trt i
ACTION REQUESTED:
Offer a motion to approve the execution of the Certificate Attesting To Secondary Access, terminating a
temporary easement for emergency access purposes from Southbridge Parkway to Crossings Boulevard, as
presented.
CERTIFICATE ATTESTING TO SECONDARY ACCESS
WHEREAS, Shakopee Crossings Limited Partnership, a Wisconsin limited partnership
( "Shakopee Crossings ") was the owner of property located in a project generally known as
"Riverside Fields" in the City of Shakopee, which is legally described on Exhibit A ( "Shakopee
Crossings Property ");
WHEREAS, Centex Homes, a Nevada general partnership ( "Centex ") owned certain real
estate adjacent to the Shakopee Crossings property, which is legally described on Exhibit B
( "Centex Property");
WHEREAS, the Shakopee Crossings Property is adjacent to the public street known as
Crossings Boulevard;
WHEREAS, Crossings Boulevard was the only means of access by emergency vehicles
to the Centex Property at the time that the Centex Property was platted as Riverside Fields 4
Addition;
WHEREAS, in 2005, as a condition of the City of Shakopee's approval of the plat of
Riverside Fields 4 Addition, the City required Shakopee Crossings and Centex to execute a
temporary easement for emergency access purposes from Southbridge Parkway to Crossings
Boulevard, until such time as an alternative means of access to Crossings Boulevard (other than
from County Road 18) is constructed and open to public travel;
WHEREAS, Shakopee Crossings, Centex and the City entered into a Temporary Access
Easement Agreement dated September 7, 2005 that granted Centex and the City a non - exclusive,
temporary emergency access easement over, under, across and upon the Shakopee Crossings
Property, said Easement Agreement was filed in the office of the County Recorder of Scott
County on September 12, 2005, as Document No. A 712552 ( "Easement Agreement ");
WHEREAS, pursuant to paragraph 4 of the Easement Agreement, the Agreement is to
remain in full force and effect until a secondary access road satisfactory to the City is constructed
and open to the public;
WHEREAS, the Easement Agreement further provides that after the secondary access
road is open to the public, and at the request of Shakopee Crossings or Centex, the City shall
execute a certificate attesting that the secondary access is available and the Easement Agreement
shall terminate upon recording of the certificate;
WHEREAS, a secondary access to the Centex Property has been constructed to the
satisfaction of the City and is now open to the public;
WHEREAS, Shakopee Crossings has requested that the City execute the certificate
pursuant to paragraph 4 of the Easement Agreement; and
NOW, THEREFORE, the City of Shakopee issues this Certificate Attesting to Secondary
Access stating as follows:
1. A secondary access to the Centex Property has been constructed to the satisfaction of the
City, is open to the public and available.
2. Pursuant to paragraph 4 of the Easement Agreement, the recording of this Certificate
shall evidence termination of the Easement Agreement.
Dated:
, 2010. CITY OF SHAKOPEE
By:
John J. Schmitt
Its: Mayor
By:
Mark McNeill
Its: City Administrator
By:
Judith S. Cox
Its: City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of
, 2010 by John J. Schmitt, the Mayor, Mark McNeill, the City Administrator
and Judith S. Cox, the City Clerk of the City of Shakopee, a Minnesota municipal corporation,
on behalf of the City.
This document drafted by:
KENNEDY & GRAVEN, CHARTERED (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
Notary Public
EXHIBIT A
Legal Description of the Shakopee Crossings Property
Outlot B, Riverside Fields 3` Addition, Scott County, Minnesota.
EXHIBIT B
Legal Description of the Centex Property
Lots 1 through 74, Block 1 and, Riverside Fields 4 Addition, Scott County, Minnesota.
This drawing is neither a legally recorded map nor a survey and is not
intended to be used as one. This drawing is a compilation of records,
information, and data located in various city, county, and stale offices, and
other sources atfecling the area shown, and is to be used for reference
purposes only. Scott County is not responsible for any inaccuracies herein
contained if cisr-ena,nioe ago ro,
Sc
C
u ty
Map Scale
1 inch = 572 feet
W E