HomeMy WebLinkAbout9.A. Proposed Vacation of Easement located at Lot 32, Block 1, ACC 2nd Addition-Res. No. 6223
9.A,
CITY OFSHAKOPEE
Memorandum
CASE NO.: 05-034
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Vacation of Easement Located at Lot 32, Block 1, ACC Second Addition '.<'
PUBLIC HEARING
DATE: April 19, 2005
REVIEW PERIOD: Pebruary 24, 2005 - April 25, 2005
INTRODUCTION:
The City Council has received a request from College City Homes to consider the vacation of a portion of
a drainage and utility easement. A copy of the staff report to the Planning Commission is attached for the
Council's information.
ALTERNATIVES:
1. Offer and pass Resolution No. 6223, a resolution ofthe City of Shakopee approving the requested
easement vacation, subject to conditions.
2. Do not approve Resolution No. 6223.
3. Table the decision to allow staff or the applicant time to provide additional information.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission considered this request at its April 7, 2005 meeting, and unanimously
recommended approval of the proposed vacation.
ACTION REQUESTED:
Offer and pass amotion adopting Resolution No. 6223, a resolution of the City of Shako pee approving
the requested vacation subject to conditions.
~:4:d~~
R. Michael Leek
Community Development Director
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RESOLUTION NO. 6223
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
EASEMENT WITHIN ACC SECOND ADDITION
WHEREAS, it has been made to appear to the Shakopee City Council that easement located
along the easterly property line of Lot 32, Block 1, ACC 2nd Addition serves no public use or interest;
and
WHEREAS, the easement to be vacated is legally described as:
That part of Lot 32, Block 1, A.C.C. Second Addition described as follows "
Commencing at the Southwest corner of said Lot 32; thence North 02 degrees 25 minutes 03
seconds West, assumed bearing, along the west line of said Lot 32 a distance of 151.94 feet;
thence North 87 degrees 34 minutes 57 seconds East 30.00 feet to the point of beginning; thence
continue North 87 degrees 34 minutes 57 seconds East 72.76 feet; thence South 15 degrees 21
minutes 08 seconds West 15.75 feet; thence South 87 degrees 34 minutes 57 seconds West 67.96
feet; thence North 02 degrees 25 minutes 03 seconds West 15.00 feet to the point of beginning.
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 19th day of April, 2005; 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, the Shakopee Planning Commission reviewed the request for vacation at its AprilS,
2005 meeting, and recommended approval of the proposed vacation: 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 IT ADOPTS THE FOLLOWING FINDINGS:
1. That it finds and determines that the vacation hereinafter described 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.
BE IT FURTHER RESOLVED, that the subject easement is hereby vacated subject to the
following conditions;
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a. The applicant shall obtain a right-of~way permit and/or a grading permit (as per requirements
set forth by the City Code) prior to work commencing.
b. The applicant shall submit an as-built grading plan verifying the approved emergency overflow
elevation remains on the lot (See March 25 memo from Project Engineer Joe Swentek, a copy
of which is attached).
After the adoption ofthe Resolution, the City Clerk shall file certified copies 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 ,2005.
Mayor ofthe City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
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CERTIFICATION OF RESOLUTION NO. 6223
I, Judith S. Cox, City Clerk of the City of Shako pee, Minnesota, do hereby certify that the
attached is a true and correct copy of Resolution No. 6223, presented to and adopted by the City
Council of the City of Shakopee at a duly authorized meeting thereof held on the _ day of
, 2005, as shown by the minutes ofthe meeting in my possession.
Dated this _dayof ,2005.
Judith S. Cox, City Clerk
SEAL
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-034
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Vacation of Easement Located at Lot 32, Block 1, ACC 2nd Addition
MEETING DATE: April 7, 2005
REVIEW PERIOD: Pebruary 24, 2005 - April 25, 2005
SITE INFORMATION:
Applicant: College City Homes
Location: Lot 32, Block 1, ACC 2nd Addition
Existing Zoning: Urban Residential (R-1B)
Adjacent Zoning: North: Urban Residential (R-1B)
South: Rural Residential (RR)
West: Rural Residential (RR)
East: Urban Residential (R-IB)
Compo Plan: Single Pamily Residential
MUSA: The site is within theMUSA boundary.
INTRODUCTION
The City Council has received a request from College City Homes to consider the vacation of a portion of
a drainage and utility easement (see Exhibit A). The applicant is proposing the vacation of only that
portion of the drainage and utility easement in which the home addition could be constructed (please see
Exhibit D).
CONSIDERATIONS
The City Council will hold a public hearing on Tuesday, April 19, 2005 to consider this vacation request.
A recommendation from the Planning Commission is required for the vacation process.
The applicant is requesting the vacation in order to allow the construction of a pool by the property
owners. The applicant argues that the easement is no longer needed for the drainage purposes for
which it was originally intended (See applicant's letter ofPebruary 1, 2005, a copy of which is
attached).
The City's engineering staffhas recommended approval of the request with two conditions;
G:\BOAA-PC\2005\04-07\V ACCollegeCity.doc 1
1. The applicant shall obtain a right-of-way permit and/or a grading permit (as per
requirements set forth by the City Code) prior to work commencing. I
2. The applicant shall submit an as-built grading plan verifying the apptoved emergency
overflow elevation remains on the lot (See March 25 memo from Pr6j ect Engineer Joe
I
Swentek, a copy of which is attached). I
I
i
City, County and other outside agencies were given the opportunity to review mid provide comments
regarding this application. No other comments were received. I
I
I
ALTERNATIVES:
1. Recommend to the City Council the approval of the vacation, subject to the following conditions;
a. The applicant shall obtain a right-of-way permit and/or a grading permit (as per requirements
set forth by the City Code) prior to work commencing.
b. The applicant shall submit an as-built grading plan verifying the approved emergency overflow
elevation remains on the lot (See March 25 memo from Project Engineer Joe Swentek, a copy
of which is attached).
2. Recommend to the City Council the approval of the vacation subj ect to conditions.
3. Recommend to the City Council denial of the request.
4. Table the decision to allow staff or the applicant time to provide additional information.
STAFF RECOMMENDATION:
Staffrecommends Alternative No.1, recommend to the City Council approval of the vacation with
conditions.
ACTION REQUESTED:
Offer and pass a motion recommending approval ofthe vacation with conditions.
6d~-6'
R. Michael Leek
Community Development Director
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Shakopee - Location Maps Page 1 of 1
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RR
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.~ + _ Subject Property
SHAr<OPEE ........ Shal\opee8ounda'Y
COMMUNttllPJuD"S1Ne.ll 1157 S CJ Zoning Boundary
c=J Parcel BoundaIY
Vacation of Easement
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City of Shakopee .
Memorandum
TO: R. Michael Leek, Community Development Director
FROM: Joe Swentek, Project Enrj.neerc:;1-- cd) w~
SUBJECT: Vacation of Drainage and Utility Easement
(Lot 32 of Block 1, A.C.C. 2nd Addition)
PID NO.: 27-357032-0
CASE NO.: 05034
DATE: March 25, 2005 "-
The application indicates a request to vacate portions of a drainage and .utility easement
originally intended to encompass the high water level of a proposed storm water pond.
However, after the plat was recorded, there were modifications to the grading plan and the
storm water pond was removed since it was deemed unnecessary. The property is located
Northwest of the intersection of Barrington Drive and Patterson Drive (A.C.C. 2nd
Addition).
After reviewing the above referenced application, the following items were noted:
1. It appears the applicant proposes to grade within the portion of the drainage and
utility easement requested for vacation. It also appears the limits of grading extend
beyond this easement into the portion retained by the City of Shakopee.
Recommendation
After reviewing the above referenced application, I recommend approval subject to the
following conditions:
1. The applicant shall obtain a right-of-way permit and/or a grading permit (as per
requirements set forth by the City Code) prior to worJ<: commencing.
2. The applicant shall submit an as-built grading plan. verifying the approved
emergency overflow elevation remains on the lot.
H:\EMPLOYEE FOLDERS\JSwentek\Staff.Reviews\V acate\Case.Number.05034.Vacate.Easements.L32B 1 (ACC 2nd).doc
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Cq/lege Ciiy Homes
Belildingfor Generatlons
February 1, 2005
Mr. Jeff Weyandt; Assistant City Engineer
City of Shakopee
129 S. Holmes St.
Shakopee, MN 55379
RE: Vacation of Easement Request
Lot 32, Block 1, A.C.C. Second Addition
Dear Mr Weyandt:
College City Homes, Inc. is requesting the vacation of a portion of drainage and utility easement
on Lot 32, Block I, A.C.C. Second Addition. We believe the easement is unneces~ary because of
the changes that have occurred since it was originally platted. The information below along with
the attached exhibits will help describe why this area was covered by the drainage and utility
easement and why it is currently unnecessary.
BACKGROUND
The A.C.C. Second Add~tion was platted and constructed in 2003. During the design and
approval process, there were many changes leading up to the final plan. One of these changes
was how the drainage was to be handled on Lot 32, Block 1. According to the subdivision
engineer Curt Kallio, the original design had a small ponding area which collected runofffrom
Beckrich Park Estates, as shown in Exhibit "A". The outlet then went into a storm sewer system
which drained into a wetland on the east side of Patterson Drive. This small ponding area and
storm sewer inlet were covered by a drainage and utility easement on the plat.
Unfortunately, the plat was finalized prior to the approval of the grading plan. In trying to get the
grading plan approved, it was found that a 2 foot freeboard from the high water line (HWL) of the
small pond to the walkout elevation of the building pad on Lot 32 could not be obtained, so the
grading plan had to be altered.
Rather than the small pond, the developer Dale Dahlke of Associated Capital Corporation decided
to take the drainage through a swale and culvert along the back side of the lot as shown in Exhibit
lOB", whi~h is also covered by a drainage and utility easement. This created the situation where
the drainage and utility easement was unnecessary as platted because the small pond was not to
be constructed. Much of the drainage and utility easement is necessary, but the majority of it is
high ground that would be very useful to the new lot oyrners.
7920 Lakeville Boulevard Lakeville MN 55044
(952) 469-6900 office (952) 469-6910 fax
www.collegecityhomes.com
REQUEST
College City Homes, Inc. is requesting that 15 feet of drainage and utility easement be vacated as
shown in the attached "Vacation of Easement Exhibit". The 15 feet to be vacated is high ground
and not necessary for any current drainage purposes. We have attached Exhibit "C". the
certificate of survey submitted for the building permit which shows the existing elevations and
proposed improvements for the lot.
According to Mr. Kallio; the drainage and utility easement in this area would not have been
necessary or platted if the grading plans as approved were done prior to the plat.
The intent of the homeowner is to construct a swimming pool at the rear comer of the house and
the 15 feet is necessary to accomplish this. Therefore. we are requesting the city take action to
vacate the easement as described below.
PROPOSED LEGAL DESCRIPTION OF EASEMENT VACATION
We propose the following legal description for the easement vacation with a pictorial view as
shown in the "Vacation of Easement Exhibit".
That part of Lot 32, Block I described as follows:
Commencing at the Southwest comer of said Lot 32; thence North 02 degrees 25 minutes
03 seconds West, assumed bearing, along the west line of said Lot 32 a distance of
151.94 feet; thence North 87 degrees 34 minutes 57 seconds East 30.00 feet to the point
of beginning; thence continue North 87 degrees 34 minutes 57 seconds East 72.76 feet;
thence South 15 degrees 21 minutes 08 seconds West 15.75 feet; thence South 87 degrees
34 minutes 57 seconds West 67.96 feet; thence North 02 degrees 25 minutes 03 seconds
West 15.00 feet to the point of beginning.
Please contact me upon reviewing this information as to when City Council action can occur in
order to approve this easement vacation. We expect that this house will be complete by late
March and hope that this matter could be taken care of by then.
Thanks,
Sincerely,
~~
Randy Peterson, PE
Land Development Manager
College City Homes, Inc.
randvp@collegecityhomes.com
7920 Lakeville Boulevard Lakeville MN 55044
(952) 469-6900 office (952) 469-6910 fax
www.collegecityhomes.com
CERTIFICATE OF SURVEY for;
COLLEGE CITY HOMES, INC.
DESCRIBED AS: Lot 32, Block 1, A.C.C. SECOND ADDmON, Scott County, Minnesota.
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PROPOSED ELEVATIONS: BENCHMARK SETBACK REQUIREMENTS
Lowest F100, D 877.16 Top of Hub os shown, Elev. 885.28 Front .. 30 ro.t
Top. of Foun~otron D BB5.B3 Reor D 30 feot
Garage FI_ G 885.50 ~ Sldo .. 10 feet
@j) Oenotes Proposed Elevatlan Lot Area D 39,373 sq. ft.
XXX.X Oenotes Existing E1evotlan Houso I< Gorogo Footprint . 2,605 sq. ft. BEARINGS ARE
__ Oenotes Surface Drainage ASSUMED
CiJ Oenotes Offsot Hub or Spike
-___ Oenot.. Oroinogo an~ Utmty Easement
0 Denote. Iron Pipo Found
II Oenoto. Iron Pipe Set
I hereby certify that this Is a true and correct representation of a 0
survey of the boundaries of the obave described property, and true 40
1240 E. 3rd Ave. locolion of 011 buildings thereon ond 01/ visible encroachments, If I ,
Suite 103 any, Os surveyed by me or under my direct supervision. 1 inch = 40 feet
Shekapee MN 55379 ~J/1 ~<-v SCALE:
952-445-7354 ph Nav I 7 , 04-.
952-400-8492 fex I JOB NO.: 0441/
www.l<ellloenglneerlng.cam Oatl Rob.,.t Petors, Land Surveyor
Minnesota License No. 14890
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Proposed Legal Description of Easement Vacation
That part of Lot 32. Block 1 described os follows:
Commencing at the Southwest corner of said Lot 32; thence North 02 degrees 25 minutes 03 seconds West, assumed
bearing. along the west line of said Lot 32 0 distance of 151.94 feet; thence North 87 degrees 34 minutes 57 seconds
Eost 30.00 feet to the point of beginning; thence continue North 87 degrees 34 minutes 57 seconds East 72.76 feet;
thence South 15 degrees 21 'minutes 08 seconds West 15.75 feet; thence South 87 degrees 34 minutes 57. seconds West
67.96 feet; thence North 02 degrees 25 minutes 03 seconds West 15.00 feet to the point of beginning- .. .
KALLIO Engineering LLC VACATIONOFEASEMENT 0 30
1240 E. 3rd Ave. EXHIBIT for: \ inch = 30 feet I
Suite 103
Shakopee MN 55379 SCALE:
952-445-7354 ph Lot 32, Block itA.C.C. SECOND ADDITION,
952-400-8492 fax Scott County, Minnesota. I I
www.kallioenglneerlng.com JOB NO.:. 0441
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