The URL can be used to link to this page

Home My WebLink About9. Public Hearing on the proposed vacation of easements-Res. No. 6092 9. CITY OF SHAKOPEE Memorandum CASE NO.: 04-056 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Mark Noble, Planner I SUBJECT: Vacation of Easements MEETING DATE: August 4, 2004 REVIEW PERIOD: June 11,2004 to October 8, 2004 INTRODUCTION McGough Construction has submitted an application for vacation of easements located south of Valley Industrial Boulevard South, west of Valley Park Drive, and east of Canterbury Road (Exhibit A). On July 6th, the Council approved Resolution No. 6079, a resolution setting the public hearing date for August 4th. The applicant has also submitted an application for concurrent review and approval of a preliminary plat and fmal plat of Valley Park 16th Addition, which will also be reviewed by the Council on August 4th. DISCUSSION The Plarming Commission has reviewed this request and has recommended approval of the vacation request. Attached for your information is a copy of the Plarming Commission report from the July 22, 2004 meeting. Comments have been received from Shakopee Public Utilities and the Engineering Department. Essentially, they have requested that the existing water main easement (Document No. 11918) be retained, and that the vacation should be approved contingent upon approval of the Final Plat of Valley Park 16th Addition. These comments have been incorporated into the draft resolution. ALTERNATIVES 1. Approve Resolution No. 6092, a resolution of the City of Shakopee approving the vacation of easements south of Valley Industrial Boulevard South, east of Canterbury Road, and west of V alley Park Drive. 2. Deny the proposed vacation. 3. Continue the public hearing. 4. Close the public hearing and table the request to allow staff or the applicant time to provide additional information. ACTION REQUESTED Offer a motion to approve Resolution No. 6092, and move its adoption. ~ Planner I g:\cc\2004\08-04\vac mcgough.doc RESOLUTION NO. 6092 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING EASEMENTS ON PROPERTY LOCATED SOUTH OF V ALLEY INDUSTRIAL BOULEVARD SOUTH, WEST OF V ALLEY PARK DRIVE AND EAST OF CANTERBURY ROAD WHEREAS, it has been made to appear to the Shakopee City Council that easements located south of V alley Industrial Boulevard South, west of V alley Park Drive and east of Canterbury Road serves no public use or interest; and WHEREAS, the easements to be vacated are legally described as: Permanent Utility and Drainage Easement contained in Document Number 81186; AND All Drainage and Utility Easements per the plat of VALLEY PARK FOURTH ADDITION, lying within Lot 1, Block 1, VALLEY PARK FOURTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota; 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 August, 2004; and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY NEWS and 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 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 finds and determines that the vacation hereinafter described is in the public interest; That the easements described above serve no further public purpose; That the easements described above are hereby vacated, subject to the following conditions: 1. The existing water main easement (per Document No. 11918) shall be retained and not vacated. 2. The existing drainage and utility easements per plat of V alley Park 4th Addition and the permanent drainage and utility easement per Document No, 81186 should not be vacated unless in return the property owner provides additional easements on the Lot 1 ,Block I, Valley Park 2nd Addition parcel with the Final Plat of V alley Park 16th Addition. 3. Contingent on the approval of the Preliminary Plat and Final Plat application of Valley Park 16th Addition. 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 Shakopee, Minnesota, held the_ day of ,2004. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk CERTIFICATION OF RESOLUTION NO. 6092 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. 6092, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the _dayof ,2004, as shown by the minutes of the meeting in my posseSSIOn. Dated this _dayof , 2004. Judith S. Cox, City Clerk SEAL *r Ct')ti sef\ T CITY OF SHAKOPEE Memorandum CASE NO.: 04-056 TO: Planning Commission FROM: Mark Noble, Planner I SUBJECT: Vacation of Easements Located South of Valley Industrial Boulevard South, West of V alley Park Drive, and East of Canterbury Road MEETING DATE: July 22, 2004 REVIEW PERIOD: June 11, 2004 to October 8, 2004 SITE INFORMATION: Applicant: McGough Construction Property Owners: GES Properties MBF Inc. (Fremont Industries) Location: South of Valley Industrial Boulevard South, West of Valley Park Drive, and East of Canterbury Road Legal Description: Lot 1, Block 1, Valley Park 4th Addition Existing Zoning: Heavy Industry (1-2) Zone Adjacent Zoning: North: Heavy Industry (1-2) Zone South: Heavy Industry (1-2) Zone West: Heavy Industry (1-2) Zone East: Heavy Industry (1-2) Zone Compo Plan: Heavy Industrial Acreage: 4.52 (1.3 acres - area of proposed vacation) MUS A: The site is within the MUSA boundary. Attachments: Exhibit A: ZoninglLocation Map Exhibit B: Easement Vacation Sketch Exhibit C: Shakopee Public Utilities Memorandum Exhibit D: City Engineering Department Memorandum INTRODUCTION The City Council has received a request from McGough Construction to consider the vacation of all easements on the property located south of Valley Industrial Boulevard South, west of Valley Park Drive, and east of Canterbury Road (see Exhibits A & B). The applicant has also submitted applications for concurrent Preliminary Plat and Final Plat approval of Valley Park 16th Addition. CONSIDERATIONS The City Council will hold a public hearing on Wednesday, August 4, 2004 to consider this vacation request. A recommendation from the Planning Commission is required for the vacation process. The applicant is proposing to construct an industrial use building on this property. A Conditional Use Permit was approved earlier this year for exterior storage as part of this proposed development. Prior to construction of this building, plat approval is required, as is the vacation of easements. The predominant easement is a 40- foot wide utility and drainage easement that is located in the middle of existing Lot 1, running north to south. The vacation of this easement must be approved for the project to move forward as proposed. Other easements that are part of the request include a 20- foot. utility and drainage easement along the south property line, a 12-foot water main easement along the north property line, and a 12- foot utility and drainage easement along the north property line. City, County and other outside agencies were given the opportunity to review and provide comments regarding this application. Their comments are listed below: . Shakopee Public Utilities provided a memorandum that states, "The existing water main easement (per Document No. 81186) should be retained and not vacated; and the existing drainage and utility easements per plat of Valley Park 4th Addition and the permanent drainage and utility easement per Document No, 81186 should not be vacated unless in return the property owner provides additional easements on the Lot 1, Block 1, Valley Park 2nd Addition parcel with the re-plat" (See Exhibit C). . Engineering provided a memorandum recommending approval of the vacation, contingent upon the approval of the Preliminary Plat and Final Plat application of Valley Park 16th Addition (See Exhibit D). As part of the proposed plans for preliminary and final plat of Valley Park 16th Addition,.the applicant has provided ten (10) foot wide drainage and utility easements. Staff will address their recommendations regarding the proposed easements as part of the plat application request. ALTERNATIVES 1. Recommend to the City Council the approval of the vacation subject to retaining the existing water main easement and subject to the approval of the proposed Preliminary and Final Plat of Valley Park 16th Addition. 2. Recommend to the City Council the approval of the vacation subject to other conditions. 3. Recommend to the City Council denial ofthe request. 4. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No. I, recommend to the City Council approval of the vacation subject to retaining the existing water main easement and subject to the approval of the proposed Preliminary and Final Plat of Valley Park 16th Addition. ACTION REQUESTED Offer and pass a motion recommending approval of the vacation. EX-H ,e,,, A I . ~ \ 12/ 1-- .~ I ---______ ----::::::...~ l -_"=- I .--______ - r~",,_ I (----..J --r- I 1-- ' , - ---- . I -....,..::.....,.~ { '"--- -r~ ' / -,~ I I~ - , / -~, , __ - I .-...=~ I ----- I ------ :::::::::::..-. i --...". , ' -.. -- . ----.;-=---. . / ______ ---. J ---- -~*Eb.. . r 1~_-.:el!~N. I · ~ / ' /)ffSi. ~ .' "'~ltll:;'-J1' '. l ---l-~1J.s---_____ I / Wd / ~ / I I ::::-::: - I I if ~~~~ 12 I - . / ij .........---..... " 1 ---------- ---- I --....... 12 ~~ - --- !~ ------ r~ > ::0 ~ I~ t'f ~ N _ Subject Property W.E SHAKOPEE 'y ...... Shakopee Boundary CoMMUNrrY PRlDfSINCf '1857 S c:J zoning Boundary o Parcel Boundary Vacation of Easements E)(H'e, " ~ SHAKOPEE PUBLIC UTILITIES MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Director SUBJECT: ST AFP REVIEW RECORD COMMENTS for: Vacation of easements for new plat CASE NO: 04056 DATE: 7/12/04 COMMENTS: Municipal water service is available subject to our standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the a..<:sociaced inspections costs, paying the Trunk Water Charge, and paying the Water Connection Charge. Underground electric service is available subject to our standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard terms and conditions. These are contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the associated fees, Applicant should contact Shakopee Public Utilities directly for specific requirements relating to their project. Note: The existing water main easement per Doc. No. 81186 should be retained and not vacated. The existing utility anddJ:'ainage easements per plat of Valley Park 4th Addition and the permanent utility and drainage easement per Doc. No. 81186 should not be vacated unless in return the property owner pro"Vides additional easements on the Lot 1, Block 1, Valley Park 2nd Addition parcel with the re-plat. E)(H \e",. D City of Shakopee Memorandum TO: Mark Noble, Planner I FROM: Joe Swentek, Project Engineer SUBJECT: Vacation of Easements For New Plat (Lot 1 of Block 1, Valley Park 4th Addition) PID NO.: 27-077001-0,27-066001-1 CASE NO.: 04056 DATE: July 8, 2004 The application indicates a request to vacate a drainage and utility easement as described in Document Number 81186 and all drainage and utility easements associated with the Valley Park 4th Addition plat. The property is located East of Canterbury Road along the South side of Valley Industrial Boulevard South. Recommendation After reviewing the above referenced application, I recommend approval subject to the following conditions: 1. The approval of the vacation of all easements noted in the above referenced application shall be contingent upon the approval of the Preliminary Plat and Final Plat application of Valley Park 16th Addition. c:\ WIN DOWS\ Temporary In Ierne! Files\O LK2C I \Case.Number.04056. V acate.Easements. VP4th.doc EJc+-\ 'P.:> \ '\ e::, ,':~' ~. ." __ I, __ V ~ __ ,.., I { I __ . { r- :a . __ ~. L:'..... NW c __ ,-' / I" I OIINtit OF" (OT , __ "I 17- I I 4:.; -- n ' .r1 l..") __ ~ II I,..~ __ ,.., 0 ", :'., __ L/ 0 '"It 'c-, __ L/ I 7- o(.t.::," 'II . .' / / J6:J: ',.z., , . __ I ,. /') .00 ....S,'iil'., __ v 1\ I ~ ,....,.(.. I ~ /<0 / -- 800",'"',--__ .20 . (.~.. .~~" / '"1"'__ I ' SO""",____ / /! -- ----- ---- / ~Q --- -- -- , , / '-iE - ___ '" -- .....) ,.(,. ~ --.. .' f() p /- r\ / 7'-11 {! - - ..:::::-__ , '~ "f ,- - ---- ,,. / Ita. ","" --~~ C- ~>- .... -- I I rl / i} \J --- I l- t. (.. \ , " (.. olt... v 1 f 1;:0 \ " / PROPOSED EASEMENTS TO BE VACATED' }if ff~ ~- ... 'v ' - ' , Permanent Utility and D~ainage Easement contained in Document l~ , r\ /' I,' ., ~ "\ ' Number 81186 L. V \J ,\ I 1'1 (.J::: " I _..... I I'i, ., J ' ,w,' / AND All Drainage and Utility Easements per the plat of VALLEY PARK I " .,.. t; c.) / FOURTH ADDITION, lying within Lot I, Block I. VALLEY PARK I " .,. " L. V I I' r) FOURTH ADDITION, according to the recorded plat thereof. Scott L. v I L. , I ' <'- (:J i3 ' ~ " '" · County, Minnesota / 1 ~t; ~ L V \J '\ I / \ ~~ /' / ~( 'J , ~ : 0 /' . I Q--', D " /, ,0, (:J I 'C'" -r" ' I III 1.., 1 " " (1 / - " ","" (' ... ....) I I.Q , I ' I' r\ / 1 ~~ ',,' \J ' c.) C- O V I I 1 ~1 '.J ~ C.) 1 ~'" \ ) / 1 It! ~c ~ 'I ,!~ ' ('J I C / "'* - ~ \ 1 olt -, ;:/!; c-) / 1 ;:''- 1 "':5 / 1..1 , / .:)0.. " , 1 ,,~ <0<0 ,. "- ___.1 +:_ / "I-, ~ . .......;..... "," ~c " __ / ' C.J .tV We hereby certify that this sketch, plan or report was -- -- -~ __o~ / I- prepared by me or under my Instruction and that 1 am '.I' ~.,..__ .... o duly Registered Land Surveyor under the laws of the v " ot..,.., ,.., {,. I -- ~__ State of Minnesota. 7- . {. {:- I" ~ 1- --:::::j Doted this 27th day of May. 2004 I 1/ I _ I . __ :~NDm24'~___ Ill../ 0 4:.; I 1 L/ ' .r1 l..") ~ II I,..~ Mark S. Hanson, R.L.S. Minn. Reg. No. 15480 " LJ '"' " I L/ I 7- I I I (&1 Revised watermoin text I BMS 107/23/04 ) ,. C III I l- I C ReYisian I fly I 001. ) Drawing TitltJ: 'PROPOSED EASEMENT VACA TlON SKETCH FOR: I MCGOUGH CONSTRUCTION 60 0 60 120 \ I I Sunde Dat6: 07/2J/200~ SCALE IN FEET Pl'fJjecl: 2004-02.3 Land Sur\'eying, LLC. Drawing: I 9001 East Bloomington Freeway (3SW). Suite lIB 200402.JOO4.dwg BloomIngton, Minnesota 55420-3435 Buslnes,: Sheet: 10ft 952-881-2455. FAX: 952-868-9526 2004-023 458/59 T.115, R.22, S.4 2004023004.DWG EEB ..-