HomeMy WebLinkAbout2016-03 Approve Ordinance Vacating Roads and Easements in the Northern Industrial ParkState of Minnesota
County of Rice
CITY OF FARIBAULT
ORDINANCE 2016-3
APPROVE STREET VACATIONS AND
DRAINAGE AND UTILITY EASEMENT VACATIONS ASSOCIATED
WITH PROPERTY IN THE NORTHERN INDUSTRIAL PARK
Vacation of 361 Street NW and a Portion of Industrial Drive
WHEREAS, Gary Kindseth, Executive Vice President of Faribault Foods, Inc. (Applicant)
on behalf of Faribault Foods, Inc. (Owner) requested the vacation of 36th Street NW and the
vacation of roughly 740 lineal feet of the northern portion of Industrial Drive to facilitate the
proposed expansion of the existing Faribault Foods development in the proposed Northern
Industrial Park Ninth Addition subdivision; and
WHEREAS, Faribault Foods, Incorporated owns the property on the north side and on
the south side of 36th Street NW; and
WHEREAS, Faribault Foods, Incorporated owns the property on the west side of the
portion of Industrial Drive to be vacated and it owns roughly 375 feet of lineal frontage on the
east side of the northerly portion of Industrial Drive to be vacated; and
WHEREAS, MDC Development III, LLC owns roughly 325 lineal feet of frontage on the
east side of the southerly portion of Industrial Drive to be vacated; and
WHEREAS, Thomas McDonough, on behalf of MDC Development III, LLC, submitted a
letter to the City of Faribault, dated January 22, 2016, which indicates the support for the
requested street vacations and the need for MDC Development III, LLC to provide the
Ordinance 2016-03
Page 2 of 8
necessary right-of-way easements and drainage and utility easements to accommodate the
proposed Industrial Drive cul-de-sac associated with partial vacation of Industrial Drive; and
and
WHEREAS, the proposed street vacation are shown and legally described in Exhibit A;
WHEREAS, City Staff reviewed the Applicant's application and made a report to the
Planning Commission (VAC 10-16); and
WHEREAS, the Planning Commission, on the 1St day of February, 2016, following
proper notice, held a public hearing regarding said request; and
WHEREAS, following said public hearing, the Planning Commission recommended that
the City Council approve the requested street vacations based on the following findings as
required by Section 2-540 of the City's Unified Development Ordinance:
1. No private rights will be injured or endangered because of said vacation;
2. The public will not suffer loss or inconvenience because of said vacation; and
3. No written objection was received, prior to the public hearing, from an adjacent
property owner who did not join in the application; and
WHEREAS, the Planning Commission further finds the following:
1. The requested street vacations will result in the need to terminate Industrial Drive as
a cul-de-sac that will exceed the maximum length of cul-de-sac allowed by Section
15-280 if the City's Unified Development Ordinance; and
2. All pertinent findings related to the approval Resolution 2016-xxx: Approve Variance
to Terminate Industrial Drive as a Cul -de -Sac that Exceeds the Maximum Allowable
Length of a Cul -de -Sac are hereby incorporated into the findings of this Resolution;
and
3. Without approval of the requested street vacations, it is impractical to develop the
subject property in a manner that is in the public's best interest; and
WHEREAS, the City Council concurs with the findings of the Planning Commission and
hereby makes the identical findings.
Ordinance 2016-03
Page 3 of 8
Vacation of Drainage and Utility Easements
WHEREAS, the Applicant is requesting vacation of existing drainage and utility
easements adjacent to the proposed street vacations described in the above recitals; and
WHEREAS, the Applicant is also requesting vacation of an existing drainage and utility
easement along the common lot line of Lot 1, Block 1, Northern Industrial Park Fifth Addition
and Outlot B, Northern Industrial Park Seventh Addition to facilitate the proposed expansion of
the existing Faribault Foods development in the proposed Northern Industrial Park Ninth
Addition subdivision; and
WHEREAS, the proposed drainage and utility easements are shown and legally
described in Exhibit B; and
WHEREAS, following said public hearing referenced in the above recitals, the Planning
Commission recommended that the City Council approve the requested drainage and utility
easement vacations based on the following findings as required by Section 2-540 of the City's
Unified Development Ordinance:
1. No private rights will be injured or endangered because of said vacation;
2. The public will not suffer loss or inconvenience because of said vacation; and
3. No written objection was received, prior to the public hearing, from an adjacent
property owner who did not join in the application; and
WHEREAS, the Planning Commission further finds that without approval of the
requested drainage and utility easement vacations, it is impractical to develop the subject
property in a manner that is in the public's best interest; and
WHEREAS, the City Council concurs with the findings of the Planning Commission and
hereby makes the identical findings.
NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS;
Section 1. The recitals set forth in this Ordinance and the Exhibits attached hereto are
incorporated into and made a part of this Ordinance, and where applicable, constitute the
findings of the City Council.
Section 2. The street vacations and the drainage and utility easement vacations
illustrated and legally described in Exhibit A and Exhibit B are hereby approved.
Ordinance 2016-03
Page 4 of 8
Section 3. Vacation of the requested street and drainage and utility easements is
conditioned on City Council approval and the appropriate filing of the final plat for Northern
Industrial Park Ninth Addition.
Section 4. The Mayor and City Administrator of the City are hereby authorized and
directed to take all necessary action and to execute all appropriate documents, including, but
not limited to, this Ordinance.
Section 5. City Staff is hereby authorized and directed to file a certified copy of this
Ordinance with the Office of the Rice County Recorder after the Ordinance has been published
in the official City newspaper.
Section 6. City Staff shall have the following summary printed in the official City
newspaper in lieu of the complete ordinance:
On February 23, 2016, the City Council adopted Ordinance 2016-3 that vacates 361n
Street NW and the northerly roughly 790 lineal feet of Industrial Drive. Ordinance 2016-
3 also vacates drainage and utility easements associated with the street vacations and
related property in the Northern Industrial Park Ninth Addition.
Section 7. This Ordinance shall take effect and be in force after its passage and
publication, in accordance with Chapter 3 of the City Charter.
Public Hearing: February 1, 2016
First Reading: February 9, 2016
Second Reading and Adoption: February 23, 2016
Publication Date: February 27, 2016
Faribault
Jol-1 ft t. Jasinski, Mayor
ATTEST:
Brian Jderson, City Administrator
Ordinance 2016-03
Page 5 of 8
EXHIBIT A: STREET VACATIONS
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Ordinance 2016-03
Page 6 of 8
PROPOSED STREET VACATION PARCEL A:
All that part of 36th Street Northwest, according to the plat of Northern Industrial
Pork Third Addition, City of Faribault, Rice County, Minnesota, lying between the
easterly right of way line of Park Avenue and the northerly extension of the west
right of way line of Industrial Drive,
PROPOSED STREET- VACATION _PARCEL B:
Commencing at the northwest corner of Lot 1, Black 1, said Northern Industrial Park
Second Addition; thence South DD degrees 02 minutes 53 seconds East (assumed
hearing) on the east right of way line of Industrial Drive according to said Northern
Industrial Pork Second Addition, 735.22 feet; thence westerly 59.88 feet along 4
curve concave to the south, not tangent to previous line, said curve has a radius of
SD.DD feet, o central angle 55 degrees 44 minutes 05 seconds and a 55.00 foot
chord that hears South 89 degrees 57 minutes 08 seconds West to a paint on the
west right of way line of said Industrial Drive; thence North 00 degrees 02 minutes
53 seconds West on said right of way line, 736.22 feet to a paint on the south line
of Dutlot C, Northern Industrial Park Sixth Addition, according to the recorded DIct
thereof; thence North 89 degrees 57 minutes 07 seconds East on said south line,
65,00 feet to the point of beginning,
AREA TABLE:
Parcel A = 43,191
Parcel B = 48,148
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Ordinance 2016-03
Page 8 of 8
PROPOSED EASEMENT VACATION PARCEL C:
All that part of Outlot B, according to the plat of Northern Industrial Park Seventh Addition, City of Fadboult, Rice
County, Minnesota, described as follows:
Beginning at the southeast corner of said Outlot B; thence South 89 degrees 57 minutes 07 seconds West, (assumed
bearing) on the south line of said Outlot B, 604.10 feet to a point on a line 10.00 feet easterly of, as measured at
right angles to, the west line of said Outlot B; thence North 10 degrees 29 minutes 06 seconds East on said line,
10.17 feet to a point on a line 10.00 feet northerly of, as measured at right angles to, the south line of said Outlot
B; thence North 89 degrees 57 minutes 07 seconds East on said line, 603.68 feet to a point on the east line of said
Outlot B; thence South 08 degrees 08 minutes 30 seconds West on said east line, 10.10 feet to the point of
beginning.
PROPOSED EASEMENT VACATION PARCEL D:
All that part of Lot 1, Block 1 and that part of Outlot A, according to the plat of Northern Industrial Park Fifth
Addition, City of Faribault, Rice County, Minnesota, described as follows:
Beginning at the northeast corner of said Outlot A; thence South 00 degrees 02 minutes 53 seconds East (assumed
bearing) on the east line of said Outlot A and the east line of said Lot 1, a distance of 770.44 feet; thence
northwesterly 30.03 feet along a curve concave to the northeast, not tangent to previous line, said curve has a radius
of 60.00 feet, a central angle 28 degrees 40 minutes 48 seconds and a 29.72 foot chord that bears North 42
degrees 20 minutes 28 seconds West to a point on a line 20.00 feet westerly of, as measured at right angles to, the
east line of said Lot 1; thence North 00 degrees 02 minutes 53 seconds West on said line, 199.16 feet to a point on
a line 10.00 feet southerly of, as measured at right angles to, the north line of said Lot 1; thence South 89 degrees
25 minutes 08 seconds West on said line, 642.09 feet to a point on a line 100.00 feet easterly of, as measured at
right angles to, the west line of said Lot 1; thence North 10 degrees 29 minutes 06 seconds East on said line, 20.38
feet to a point on a line 10.00 feet northerly of, as measured at right angles to, the south line of said Outlot A;
thence North 89 degrees 25 minutes 08 seconds East on said line, 638.37 feet to a point on a line 20.00 feet
westerly of, as measured at right angles to, the east line of said Outlot A, thence North 00 degrees 02 minutes 53
seconds West on said line, 519.29 feet to a point on a line 10.00 feet southerly of, as measured at right angles to,
the north line of said Outlot A; thence South 89 degrees 57 minutes 07 seconds West on said line, 632,22 feet to a
point on a line 10.00 feet easterly of, as measured at right angles to, the west line of said Outlot A; thence North 10
degrees 29 minutes 06 seconds East on said line, 10.17 feet to a point on the north line of said Outlot A; thence
North 89 degrees 57 minutes 07 seconds East on said north line, 650.36 feet to the paint of beginning.
PROPOSED EASEMENT VACATION PARCEL E:
All that part of Lot 1, Block 1, according to the plat of Northern Industrial Park Second Addition,
City of Faribault, Rice County, Minnesota, described as follows:
Beginning at the northwest corner of said Lot 1; thence North 89 degrees 57 minutes 07
seconds East, (assumed bearing) on the north line of said Lot 1, a distance of 509.73 feet to a
point on a line 30.00 feet westerly of, as measured at right angles to, the east line of said Lot
1; thence South 08 degrees 08 minutes 30 seconds West on said east line, 10.10 feet to a
point on a line 10.00 feet southerly of, as measured at right angles to, the north line of said
Lot 1; thence South 89 degrees 57 minutes 07 seconds West on said line, 498.29 feet to a
point on a line 10.00 feet easterly of, as measured at right angles to, the west line of said Lot
1; thence South 00 degrees 02 minutes 53 seconds East on said line, 407.68 feet to a point on
a line 10.00 feet northerly of, as measured at right angles to, the south line of said Lot 1;
thence South 89 degrees 57 minutes 07 seconds West on said line, 10.00 feet to a point on
the west line of said Lot 1; thence North 00 degrees 02 minutes 53 seconds West on said west
line, 417.68 feet to the point of beginning.
STATE OF MINNESOTA
COUNTY OF RICE
FARIBAULT DAILY NEWS
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FARIBAULT PLANNING & ZONING
208 NW 1ST AVE On February 23, 2016, the Fari-
FARIBAULT MN 55021 bault City Council adopted Ordi-
nance 2016-3 that vacates 36th
Street NW and the northerly
roughly 790 lineal feet of Indus-
trial Drive. Ordinance 2016-3
REFERENCE: 20205 also vacates drainage and utility
F010716 ORD 2016-3 easements associated with the
street vacations and related
I do solemnly swear that a copy of the notice, as
property in the Northern Indus-
per the clipping attached, was published in the trial Park Ninth Addition. A com-
regular and entire edition of the Faribault Daily plete description of the ordi-
News, a newspaper of general circulation, nances and the applicable legal
published in Faribault, County of Rice, State of descriptions are,available for in-
Minnesota, and not in any supplement. The spection during regular business
newspaper has complied with all the requirements hours atFaribaultCityHall.
constituting qualifications as a legal newspaper, (Feb.26)
as provided by Minnesota statutes 331A.02, F010716
331A.07, and all other applicable laws, as
amended . The attached advertisement appeared in
the issue(s) listed below.
Authorized Agent _
Sworn to before me this _, eday of / 20 /4
/fx0/7t-M Sa14,e,
Notary Public, Rice County, Minnesota
PUBLISHED ON: 02/26
KIM M. F�iVRO
Notary Public-M1nresota
is My Commission Expires Jan 31,2017
TOTAL COST: 24.38 1
FILED ON: 02/26/16 1
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Lowest classified rate: $20. 10 per inch
Maximum rate allowed by law: $12.30 per inch