The URL can be used to link to this page

Home My WebLink About6. Vacation of Public Right-of-Way Adjacent to 1301 3rd Avenue West-Res. No. 7266 6, CITY OF SHAKOPEE Memorandum CASE NO.: 12 -042 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Public Hearing for Vacation of Public Right -of -Way Adjacent to 1301 3' Avenue West MEETING DATE: December 18, 2012 ACTION SOUGHT: Miller Property Holdings is requesting that the City Council review and approve their request to vacate public right -of -way. INTRODUCTION: Miller Property Holdings has submitted an application for vacation of public right -of -way (Jefferson Street) adjacent to their property on 3rd Avenue West (see Exhibit A for location), and located between 3rd Avenue West and 2 Avenue West/Railroad Tracks. DISCUSSION: This right -of -way is proposed for vacation as a part of their plan to consolidate their property into a more manageable legal description. Should the vacation be approved, the applicant would proceed with a new plat/registered land survey that would consolidate their property. This segment of Jefferson Street is unapproved, and has primarily been utilized for driveway access purposed to the applicant's building located just west of Jefferson Street. Information has been shared with the adjacent property owner (Rahr Malting Co.) regarding this proposed vacation, and the applicant has stated they do not have any issues with this proposal. CONSIDERATIONS: Publication in the Valley News will not provide the requisite 10 day public hearing notice at this time; therefore, the City Council is being asked to open the public hearing, take testimony, and continue the public hearing to January 8, 2013. 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. City departments, Scott County and other outside agencies were given the opportunity to review and provide comments regarding this application. The Engineering Department has commented that there is a large trunk storm sewer that is located within the Jefferson Street right -of -way, and there is a trunk sanitary sewer along the north side of Jefferson Street right -of -way. Should the City approve this request, Engineering would request easements for these utilities located within and adjacent to the proposed vacated right -of -way. ALTERNATIVES: 1. Open the public hearing, take testimony, and continue the public hearing to January 8, 2013. 2. Do not approve the vacation request. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission considered the request at its December 6, 2012 meeting, and by a 6 -0 vote, they recommended Alternative No. 1; recommend to the City Council the approval of the vacation, subject to recording of drainage and utility easements over portions of the subject area, as described in the City of Shakopee Engineering Department memorandum. RELATIONSHIP TO VISIONING: This item relates to goal B: Positively manage the challenges and opportunities presented by growth, development and change. ACTION REQUESTED: Open the public hearing, take testimony, and continue the public hearing to January 8, 2013. Mark No - Planner II h: \cc\2012 \12 -18 \12 -042 vac Jefferson St.docx RESOLUTION NO. 7226 A RESOLUTION APPROVING A VACATION OF PUBLIC RIGHT -OF -WAY WHEREAS, it has been made to appear to the Shakopee City Council that public right -of -way adjacent to 1301 3rd Avenue West (Jefferson Street, located north of 3rd Avenue West and south of 2nd Avenue West) is no longer of public use or interest; and WHEREAS, the public right -of -way to be vacated is legally described as attached on Exhibit B; and WHEREAS, the Shakopee Planning Commission considered the request at its meeting of December 6, 2012, 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 8 day of January, 2013; and WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be 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. 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 interest in public right -of -way adjacent to 1301 3rd Avenue West (Jefferson Street, located north of 3rd Avenue West and south of 2nd Avenue West) hereinafter described is in the public interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: 1. Drainage and utility easements shall be recorded over portions of the subject area, as described in the City of Shakopee Engineering Department memorandum. 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 , 2013. Mayor of the City of Shakopee ATTEST: Julie Linnihan, City Clerk EXHIBIT B The northern 300 feet of Jefferson Street adjoining Lots 6 and 7 of Block 14 and Lots 1 and 12 of Block 10 and lying between Third Street, now known as Third Avenue, and Second Street, now known as Second Avenue, according to the plat thereof on file and of record in the Registrar's Office of Scott County. City of Shakopee Memorandum TO: Mark Noble, Planner II FROM: Joe Swentek, Project Engineer SUBJECT: Vacation of Right -of -Way (1301 3 Avenue West) PID NO.: 27- 902027 -0 CASE NO.: 12042 DATE: November 27, 2012 The application indicates a request to vacate a portion of the Jefferson Street right -of -way to the north of 3rd Avenue West. The total area requested to be vacated is approximately 18,000 square feet (0.41 acre). The engineering department has completed its review of the vacation request and offers the following comments at this time for the applicant and for the planning department: 1. As there is an existing trunk storm sewer near the east property line, the applicant will provide a minimum of twenty (20) feet of drainage and utility easement adjacent to the east property line. This easement width will extend from the 3rd Avenue right -of -way to twenty (20) feet north of the denoted "Beehive MH ". From this point the drainage and utility easement width can be reduced to ten (10) feet and continue to the northernmost property line. 2. As there is an existing trunk sanitary sewer near the northernmost property line, the applicant will provide a minimum of ten (10) feet of drainage and utility easement adjacent to the northernmost property line. Recommendation Should the City recommend approval of this request, the engineering department suggests the items listed above be attached as conditions of the approval. Scott County, MN f - 1 1 5 it ti t 1 ti } t iiirporiot . ' y J - � - �'f ti 1 t __ I � • � � } 1 1 } 1 ____, 1 _!, , f 1 1 y l }y s i sti ti ii C 1 4 l 1219 ! y ti 1 1 _` ~ .. I I I } y ` '1 �6� 1 y 1 1 3 AV W loea t Gti .t 1134 1103 1150 1133 1523 � 1 � 3� ^ I 312 • 1 l + 1 1� 1231 12x0 i _ - iii / 1 - I -1 _y' --I ,� 329 CO / -- 1310 / .1235' 1223 1215 333 cf } t r g " 321 1255 122i .1219! G, 4 A "/ i ! -Ay) 1408 { } ' III V ill 555 1233 -- 1520 - -_ — , Property Information Parcel ID: 279020270 Bathrooms: 2 Taxpayer Name: MILLER PROPERTY Year Built: 1967 Taxpayer Addressl: 4698 BAYCLIFFE DR Deeded Acreage: 1.2 Taxpayer Address2: EXCELSIOR, MN 55331 GIS Acreage: 1.88105 Property Addressl: 1301 3 AVE W Zoning Classification: Property Address2: SHAKOPEE MN 55379 Legal Description: Section 02 Township 115 Range 023 P/O JEFFERSON ST & P/O SE1 /4 SE1 /4 COM SW COR BLK 10 KOEPER ADDN, W 528', N 264', E TO NW COR BLK School District: 720 Plat Name: Estimated Land Value: $245,000 Block: Estimated Buildings Value: $225,000 Lot: Total Estimated Market Value: $470,000 Unique Well & Boring No.: Home Style: N/A Well Depth Drilled: Bedrooms: 0 Well Date Drilled: This drawing is neither a legally recorded map nor a survey and is not Map Scale N intended to be used as one. This drawing is a compilation of records, 1 inch = 305 feet information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference W E ±a purposes only. Scott County is not responsible for any inaccuracies herein M a Date _- contained. If discrepancies are found, please contact the Scott County p� ` Surveyors office. 10/29/2012 S CO tt Scott County, MN . � ; ,g, w a '" ``.' + M :� gyp' ; ' �, .. .i, ,_ .? • $' • , mo w i k r..' , 1 'r } +'. WarY c r c Property Information Parcel ID: 279020270 Bathrooms: 2 Taxpayer Name: MILLER PROPERTY Year Built: 1967 Taxpayer Addressl: 4698 BAYCLIFFE DR Deeded Acreage: 1.2 Taxpayer Addressl: EXCELSIOR, MN 55331 GIS Acreage: 1.88105 Property Addressl: 1301 3 AVE W Zoning Classification: Property Addressl: SHAKOPEE MN 55379 Legal Description: Section 02 Township 115 Range 023 P/0 JEFFERSON ST & P/O SE1 /4 SE1 /4 COM SW COR BLK 10 KOEPER ADDN, W 528', N 264', E TO NW COR BLK School District: 720 Plat Name: Estimated Land Value: $245,000 Block: Estimated Buildings Value: $225,000 Lot: Total Estimated Market Value: $470,000 Unique Well & Boring No.: Home Style: N/A Well Depth Drilled: Bedrooms: 0 Well Date Drilled: This drawing is neither a legally recorded map nor a survey and is not Map Scale N intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and 1 inch = 92 feet other sources affecting the area shown. and is to be used for reference W E . purposes only. Scott County is not responsible for any inaccuracies herein p M a Date ` contained. If discrepancies are found, please contact the Scott County a�Y�i Surveyors Office. 10/23/2012 S ..)c --1 ■ g t T • 1 SCALE IN FEET NOTE: 0 25 50 100 150 200 AiallIK GB e4 0 .Denotes iron monument set, see note Ng °0 7095 4m • Denotes iron monument found •T 05 MONUMENT , 24" LONG IRON -D-0,- Denotes overhead power line 1NDENTIF1CAiON DISC (Aeaul SIT.) - - IN N AT ALL POINTS INDICATED, ./( Denotes Concrete Slab - M1NN. PEG. LAND SURVEYOR f7095 - . ' Denotes concrete curb and gutter g41LROflo .77r,16 f To Miller Property Holdings, LLC, a Minnesota limited GEN /0/E /' liability company, Beacon Bank and First American Title - -� q Insurance Company: _ Ne�` 451'v - ? -. N lAK _ \ • This is to certify that this map or plat and the survey j • on which it is based were made in•accordance with the 1 ir ' 2011 Minimum Standard Detail Requirements: for ALTA /ACSM _ - - The land herein described is situated in the City of Land Title Surveys, jointly established and adopted by / M O i 1 Shakopee, oun of Scott, State of Minnesta, and is ALTA and SS,'and includes Items of Table A thereof. 1 i �;,I described ae ollows: The field work was completed on / q y 'f . 211(/'. - W ,;) � 4 \ �I I \ .A1). that art ction 2, of the Town Southeas 1 15, Rance 2 ��/ 'f 1 p Quarter of 3 th , ae nd Koep Southea st Dated this //v +� day of / w' / ,Q 2011. 4 \ t ( W UJ i Quarter,. S y .- 1 . Q' p Addition to Shakopee, all in the County of Scott and State 1 d b of Minnesota, described as follows: Ja E. Boernave, RLS �� / \ 1 10 C A �D ■a % yN< ' 1 • "Commencing at the southwest corner of Block 10, Koeper's Minn. License No. 7095 M1 I ii \ 41). Z • H N Addition to Shakopee, according to the plat thereof \ file Deeds and of record in the Office of the Register of Deeds ' ' W ' �'� in and for said County; and thence West on the North line �E � 1 • of Third Street, 528 feet; thence north 16 rods to the (�� qe� �. mr�L�c ( � south line of the Chicago, St. Paul and Omaha (former) - y • +o. 1. - e 1 - St. Paul and s City) Railroad right -of -way; thence y I 10 . � East along the a south line of the said railroad right -of- /Or IL----- 1 ' way to the northwest corner of said Block 10 in Koeper's 1 ' + t, ` .P./ T A I �:- r- ' . Z � Addition; thence running southerly on the west line of • ' g �4 1 1 I ' ,' I said Block 10 to the place of beginning, . ' r v • r 4 I ti Exceptlinag id o the ight -of -way of State TrunY. Highway ;Q69 - \(G ♦ w o -as now ut over the northwesterly portion of the �1 / y kv - (� � 40 e I 1 land above described. h -` ,, ' I y 1 a �� JCRE 1 t �\1 y 1 t� g gT0 U1 1 plOcg o idWr , , C Containing 2 o aining 7 57 0 square feet / 1.66597 acres, • 1 - \ 1 1 j .' A 1 ? N. t el 10° ° n f6Q0 .6 - 1 RK),14 to vJv` A7a a 1 T r. troi ( 1 �RP A u 1 _ -� H Noses: M ° �_�. --�'° :lefferson Street and the alley, as dedicated in the plat. • 5 -. ne��l ,V , I ,of KOEPER'S ADDITION, are unimproved. Per the City Clerk 406 \ I • �-r- s - VElv `- '��. of Shakopee neither has been vacated. d.. As researched in the County Recorders office and in the • T 'M/10/E - MEB f '� •� - I City Clerk and Engineering offices there is no easement '1T PROP. cog. - D - - � � .•bf record for the 60 inch diameter storm sewer I • � E�DETAIL' _ o T H 1 R - i indicated on this drawing. to ' - ) fable A items researched and addressed and included in f -- J - I this survey are 1, 2, 8, 7(a), 11(a) and 20(a) / .i • `.Thereby that this survey, Pleo or report A LTA /ACSM LAND TITLE SURVEY 'wes prepared by me or under my: direct supervision • and that -I. as a duly Registered Land Surveyor • Pre for Bader •the a a of the State of Minnesota. , - �` BOERHAVE LAND SURVEYING • ,.. MILLER PROPERTY HOLDINGS, LLC r ,/�l��'(� <a' 1 4L13 Milokn rde ta 5 . N. E. 72 • :James r E-! �B�oer� e�' / RLS rior La • D ry ate f " J AaT , /J' Reg. P . No. 7095 9 5 ke, M 2. 44 me9em 5 -9 :