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Home My WebLink About6.A. Public Hearing for Vacation of Public Right-of-Way (Jefferson Street)-Res. No. 7266 6• SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II DATE: 01/08/2013 SUBJECT: Public Hearing for Vacation of Public Right -of -Way (Jefferson Street) - Res. No. 7266 (B) 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 2nd 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 unimproved, and has primarily been utilized for driveway access purposes 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 Rahr has indicated that it does not have any issues with this proposal. CONSIDERATIONS: 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. Approve the vacation request, subject to recording of drainage and utility easements over portions of the subject area, as described int he City of Shakopee Engineering Department memo. 2. Approve the vacation request, subject to revised conditions. 3. Do not approve the vacation request. 4. 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: Approve Resolution No. 7266, a resolution approving a vacation of Public Right -of -Way adjacent to1301 3rd Avenue West (Jefferson Street, located north of 3rd Avenue West and south of 2nd Avenue West) , and move its adoption. Mark Noble Planner 11 h: \cc \2013 \01 -08 \12 -042 vac Jefferson St.docx Attachments: location & aerial map survey legal description Resolution7266 • Scott County, i t - - ;r' ` �, t � ' I t ,---- i , 1 = t - ' t ti x ` t ti ti ti' I � _ � y 11 1 ti��' � � ;ASS ',`,Itt1. i i' $ t i y 3 - _ ' ti , %.,..-- t _ / t l _ , = t 1, ti _� t 1 • '1 t _r �� Y ti t t t t t t ____L--!------1--- _ � , t f - 1, t S� 1 I ! j } _ __ - \ 1.333 , - 'S / 1 ti ' . I S 1 f - i y , ^= 1 . F .,,, t S S 4 5 �l� 4' 1 I rus r ti t 4 i -3 C k t t t --- `� ` _ _ ,� �} t t 1 , �� ' LI 1 1' 11a3 1a�3 r 132 ,,, _,-=--- = _ _____ - .1 1 1i 1234 1 -1 __ - t _ —_ X. Co / I _ -} = s t �— 13:1] / : 12311 1223 '1213 S _r r r , : 1221 1 121 1 - • 3 X y l ' I t tea t ~� • AIIIIMF / �� }4 $ 1 ,3 V l r / �— _ 7 f ass 1<33 f i ! Property Information Parcel ID: 279020270 Bathrooms: 2 Taxpayer Name: MILLER PROPERTY Year Built: 1967 Taxpayer Addressl: 4698 BAYCLIFFE DR Deeded Acreage: 1.2 TaxpayerAddress2: 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: $470,000 Unique Well & Boring No.: - Home Style: N/A Well Depth Drilled: Bedrooms: 0 Well Date Drilled: p i I i This drawing is neither a legally recorded map nor a survey and is not MEl p Scale N intended to be used as one. This drawing is a compilation of records, Information, and data located in various city, county, and state offices, and 1 Inch = 305 feet it other sources affecting the area shown, and is to be used for reference purposes only. Scott County is not responsible for any inaccuracies herein W ' ' contained. If discrepancies are found, please contact the Scott County Hap Date - Surveyors Office. - 10/29/2012 S P ,i — OCRoO IC CU nfCY MK It 7 'Y$ t.,--.:1/4‘r, „` ....,53'.-1 F ` ` l ,� t t I i1 I .. Cl � f# '' d -”` „ , 'J ,, • _ � t , 1 f; •� � V ; ! 7 , , e e :' f x x 14". 'r''L, ",",t . 1 - �1 � 7 , . ' , . ., , ,, • ...,... ,. , „ ,,,, ,t* i . ' "*.A.I..0* ; °}.. v 34 ./yid '.'mss ..a_•S, ? T 3 L'' .., ,.... ,.,,,, , : : -,,,, .- , ,./ , .s,..,,,, - w ti ,t' a } i :,,1%.::.:;,4,-3, ' '-7:::* i n a n ` ,, fi r ' ° a ti :-y ; ,,.., : " ....-..— 1 ■ ***, I' , t ; :,1-,„„ I 1 l •.: y f �• 1 F • P , d — x • 3 Milot Property Information Parcel ID: 279020270 Bathrooms: 2 I Taxpayer Name: MILLER PROPERTY Year Built: 1967 Taxpayer Address1: 4698 BAYCLIFFE DR Deeded Acreage: 1.2 TaxpayerAddress2: 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/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.: l Home Style: N/A Well Depth Drilled: Bedrooms: 0 Well Date Drilled: ■ i This drawing is neither a legally recorded map nor a survey and is not Map Scale intended to be used as one. This drawing is a compilation of records, N 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 -- purposes only. Scott County Is not responsible for any inaccuracies herein W � _ contained. If discrepancies are found, please contact the Scott County Map Date •' - Surveyors Office. = ' 10/23/2012 S TS CT:itt • City of Shakopee Memorandum TO: Mark Noble, Planner II FROM: Joe Swentek, Project Engineer SUBJECT: Vacation of Right -of -Way (1301 3rd 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 3 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 3 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. . • E's; 44, •• 13 cr A. • . . N . • • VALE "7 NOM ), SS . 1 . oo No• sidiAlbs • . CB • Denot•• iron oonummt •et, ••• no. • ,,, . 4 .,.. .... • .netes iron monument found • —0—•Denote• av•rhead power 11. . smosciftwased 1 • : moicnnes ..l.==. D•notes conc.. Alan ....[G. La, attovivna PM --- - a --------. . sr.= curb •nd q.t• . ._ . Id677/ 1644""' '- • 60 10. ' "A" ____.'‘ - --------- Tta o ller Property held.. . LI.C. • Mi. nnota United • ii•Nility company, Dosoon a•nt •nd float Amer.. Title -.--- - .1..^Y• . ''' / /I \ . Thi• . to certify that... oap or plat and tn. .,,,,,, • ,. ' on which it is C.. were cede in accord.. with the • N' • „ . Thu land Inomin da•crik. . d in the City of 2011 Minimum Standard Detail liequir...ts for ALVAAGSM • . A*-- • Shnkopea. County of Scott, State of Simms.. end is Land Title Surveys. jointly est.)... end adoptead by • Ne ''' ' ., \ IC.' demerit. os Collo.: Al... and MAPS..d includss Ito. cri Tab. A tams), t.- • , T. Mid work t N coapl•ted en AKA,' 1, 2011 • - , 1 • \ 1 6'. ,' lal _ ., .. tha p•rt of the South.. Coarter of the South.. Dated thl• _,<...S...L4 day of Alisty 106.1. . v ° , '. m .... . .. \ ' \ • • °darter. S•ction 2, Township 115, Range 13, nod Keeper's . . ........................,..../ .- '\ \ - , k - .1 ... \ . addition te Shakopee, all in the Coenty of Scott and Ste. ; of min..., de.rie. as follow. . 41,213 • el \\ 1- \ L'' . \ • . Ill 1 , , ;commencing at the Imuthweet corn. of Ole. 10. Keeper, l , • id \ , i addition to Shakop., according . the plat th .... f on file •nd et r•cord In th• Office of Ow Ito... of Deeds `, ods to the ,,.ipE --21--v-'1.-- south ilne of tho Chicago. St. Paul and Omaha (formerly • ' • \ " A‘'t . ..3__ .. .. :_ i . At. Paul and Sim. City) 1.11road right-of-way: then. ;•■• ---1 Cost along elm •outh lino of ttm .0 railroad riCht-ot- \ • - say to th. northwe. corner of said Ale. 10 in Keeper'. . ...,_,, : : ..f, . Additiont then. running auatharly on tho west lirm of . • said •lock 10 to the place of kmainning, 1 40 4 :, . ' , - - • . . . f . \ ..., V 3 • ' Z :,;:' .. • . • • . ' 4 4 -, • . ui z_ — . • \ . • . , •fi + . r ' u. I 1 Mond a.v. 4..10.. Containing 77.570 square Se. / 1.66.7 aorta, • 1 • - 7 . • 1 • • • 13 ' • • . . . .• \• /.:' • . • ' 00 1 - 1 • - L . .. \ , • . . . . _ • ..., - / .--.- . - 1,1 is .,,.,,,. ., - -.. - •- -.. , , • • .. . \ ..„.,, \ . ....„„.... own \ ___ • . . , TAp,.... - = - - _______--,:- ,I.., • _ • . . ..,. . •Vm.defferson Stc•at and the .3.1,, as dedlcat. in the plat, •,-..------- ' , • • •;tv•I•of seerca•s ADDITION. are unimpr... 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RESOLUTION NO. 7266 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 - - way to be vacated is legally described within attached 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.