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HomeMy WebLinkAbout5.D.1. Approve Release of Electric Easement in Hennen's 2nd AdditionTO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II RE: Release of Electrical Easement DATE: May 3, 2011 CITY OF SHAKOPEE Memorandum S lJ. 1 . CONSENT DISCUSSION The City was recently contacted regarding the release of a blanket easement over Lot 5, Block 2, Hennen's 2n Addition. This property is located at 945 Shumway Street. The property is transferring ownership and the Title Company is requesting a release of the blanket easement. In 1933, the City of Shakopee was granted a blanket easement for electrical purposes over property owned by John and Annie Doyle. The property owned by Mr. and Mrs. Doyle was subsequently platted into residential lots. Shakopee Public Utilities has confirmed that utilities serving the subject property are located within a platted alley and therefore the blanket easement is no longer needed. Please find attached a memorandum from Joe Adams, Planning and Engineering Director to the Shakopee Public Utilities Commission (SPUC). SPUC will be reviewing this request at its May 2, 2011 meeting. SPUC staff is recommending that the easement be released for the subject property. City Council action is necessary because the easement was granted in the City's name. ALTERNATIVES 1. Approve the request to release the blanket easement over Lot 5, Block 2, Hennen's 2nd Addition. 2. Do not approve the request to release the blanket easement over Lot 5, Block 2, Hennen's 2 Addition. 3. Table action on this item and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the request to release the blanket easement over Lot 5, Block 2, Hennen's 2" Addition be granted. ACTION REQUESTED Offer a motion to approve the release of the blanket easement over Lot 5, Block 2, Hennen's 2" Addition. SHAKOPEE PUBLIC UTILITIES. MEMORANDUM TO: John Crooks, Utilities Manager FROM: Joseph D. Adams, Planning & Engineering Director SUBJECT: Scott County Title & Abstract Easement Release Request DATE: April 28, 2011 ISSUE BACKGROUND DISCUSSION EX1-1 IT A We have received a request from Scott County Title & Abstract to agree to release or confine an easement for electric transmission line purposes on Lot 5, Block 2, Hennen's 2 Addition granted to the City of Shakopee in 1933. On October 11, 1933 John Doyle and wife Annie Doyle gave the City of Shakopee a blanket easement over a ten acre parcel they owned described as the Northeast Quarter oldie Northwest Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota. Subsequently, the property in question was platted into various lots including the subject lot. This type of request has occurred before and in each case that staff is familiar with the Commission has agreed to the easement release or confinement as appropriate whenever possible, and the City Council then takes the necessary action since the easement is in the City's name. Staff has researched the location and there are no utility owned facilities on the subject lot except for the overhead secondary service to the house. All other utility owned facilities are contained within a platted alley and there are no other secondary services crossing the subject lot to any adjacent properties, Thus the blanket easement does not serve any purpose. RECOMMENDATION Staff reconunencls the Commission agree with the blanket easement being released on Lot 5, Block 2, Hennen's 2' Addition. REQUESTED ACTION Staff requests the Commission agree with the blanket easement being released on Lot 5, Block 2, Hennen's 2 Addition. RELEASE OF EASEMENT WHEREAS, on October 11, 1933 John Doyle and wife Annie Doyle gave to the City of Shakopee a blanket easement over The Northeast Quarter of the Northwest Quarter, Section 12, Township 115, Range 23, Scott County, Minnesota for the purpose of maintaining utility fixtures, said easement being filed for record on November 3, 1933 and recorded in the Office of the Register of Deeds of Scott County, Minnesota in Book 93 of Deeds, page 616 -7; and WHEREAS, as a result of subsequent platting, said easement is an encumbrance on Lot 5, Block 2, Hennen's 2nd Addition, according to the plat thereof on file and of record in the Office of the Scott County Recorder; and WHEREAS, the Shakopee Public Utilities commission has researched the need for maintaining said easement over and across and under said Lot 5, Block 2, Hennen's 2nd Addition and has concluded that there are no utilities over, under or across said lot, said easement should be discharged and released. WHEREFORE, Pursuant to the foregoing, The City of Shakopee does hereby quitclaim, remise, release and cancel that certain easement of record above described insofar as it pertains to Lot 5, Block 2, Hennen's 2nd Addition, Shakopee, Scott County, Minnesota. IN TESTIMONY WHEREOF, This instrument was duly executed pursuant to authority by the Shakopee City Council this 3 day of May, 2011. THE CITY OF SHAKOPEE By By By John Schmitt, Mayor Mark McNeill, City Administrator Judith S. Cox, City Clerk The foregoing was acknowledged before me this day of , 2011, by John Schmitt, Mark McNeill, and Judith S. Cox, the Mayor, City Administrator, and City Clerk of the City of Shakopee, a municipal corporation under the laws of Minnesota, on behalf of the corporation. Signature of the Person Taking Acknowledgment