HomeMy WebLinkAbout15.C.3. Vacation of Easement North f CR 42 and east and west of CSAH 17-Res. No. 6221
CITY OF SHAKOPEE IS: c. 3,
Memorandum
CASE NO.: 02-059
TO: Mayor and City Council CONSENT
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Vacation of Easement North ofCR 42 and east and west ofCSAH
17
MEETING DATE: AprilS, 2005
INTRODUCTION:
In February of2003, approved a resolution vacating the subject easement, but directed that
the resolution not be recorded pending further agreement among the parties regarding
whether to retain any portion of that easement.
While it took some time, working with City staff and the City Attorney, the representatives
were able to reach agreement. The Welches have given the City an easement for the
agreed upon footage including hold harmless language. This will be recorded after the
vacating resolution is recorded. Also, the City Attorney obtained signatures on a
document from the property owners in the Weinandt Acres development, which
document has been recorded. To complete this matter, it is now appropriate for the City
Council to adopt a resolution vacating the blanket easement in its entirety. Such a
resolution accompanies this report for Council action.
ACTIONS REQUESTED:
Council is asked to take offer and approve Resolution No. 6221, a resolution ofthe City
of Shakopee vacating a blanket easement.
4d;~~~
R. Michael Leek
Community Development Director
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RESOLUTION NO. 6221
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN EASEMENT
NORTH OF COUNTY ROAD 42 AND EAST AND WEST OF CSAH 17, CITY OF
SHAKOPEE, SCOTT COUNTY, MINNESOTA
WHEREAS, it has been made to appear to the Shakopee City Council that an
easement located north ofCR 42 and east and west ofCSAH 17, City of Shako pee, County
of Scott, State of Minnesota, serves no public use or interest; 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 Shako pee at 7:00 P.M. on the 4th day of
February 2003; and
WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY
NEWS, posted notice was given by posting such notice on the bulletin board on the main
floor ofthe 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
individual notice was sent to the owners of property in the plat ofWeinandt Acres; 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;and
WHEREAS, interested parties working with the City's staff and attorney have
agreed to, executed, and where appropriate, recorded, the documents necessary to address
any drainage in the subj ect area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA:
1. That it finds and determines that the vacation hereinafter described as a part
of the attachment (ExhibitA) is in the public interest;
2. That the easement described above serves no further public purpose;
After the adoption ofthe 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 Shako pee, Minnesota held
the _ day of ,2005.
Mayor ofthe City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
EXHIBIT A
Legal Description for We1ch Vacation
That part of the north 399.00 feet of Government Lot 1, Section
19, Township 115, Range 22, Scott County, Minnesota, lying east
of the west 200.00 feet. Together with that part of the north 399.00
feet of the Southeast Quarter of the Southeast Quarter of Section
19 lying westerly of the centerline of County Road Number 17
(Marschall Road), Scott County, Minnesota.
CERTIFICATION OF RESOLUTION NO. 6221
I, Judith S. Cox, City Clerk ofthe City of Shakopee, Minnesota, do hereby certify
that the attached is a true and correct copy of Resolution No. 6221, 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 of the meeting in
my posseSSIOn.
Dated this _ day of ,2005
Judith S. Cox, City Clerk