HomeMy WebLinkAbout2016-05 Approve Ordinance Vacating Right of Way Easements within the Faribault Transportation AdditionState of Minnesota
County of Rice
VIIIVINIII�n688864
I hereby certify that this document was
filed in this office and duly recorded on
June 30, 2016 8:35 AM
Judy Van Erp, Recorder
Pages: 7
CITY OF FARIBAULT
ORDINANCE 2016-5
Office of County RecordedRegistrar
RICE COUNTY, MN
REC'G PROCESS COMPL FUND: $11.00
RECORDER TECHNOLOGY FUND: $10.00
STATE TREASURY GEN'L FUND: $10.50
GENERALABSTRACT. $14.50
$46.00
Realm To:
FARIBAULT CITY OF
208 NW 1 ST AVE
FARIBAULT, MN 55021
APPROVE THE VACATION OF UNIMPROVED PUBLIC RIGHT
OF WAY INCLUDING PART OF 1St AVENUE ALSO KNOWN AS
HIGHWAY 218 SOUTH OF 27TH AVENUE NW WITHIN THE
FARIBAULT TRANSPORTATION ADDITION
WHEREAS, Garrett Regan on behalf of Faribault Transportation Company (Owner) requested
the vacation of unimproved Highway 218 right of way, from 27"' Avenue NW to the south about 520
lineal feet to facilitate additional employee parking and future expansion of the existing Faribault
Transpiration buildings in the proposed Faribault Transpiration Addition subdivision; and
WHEREAS, Faribault Transportation Company owns the property underlying the right of way
easement to be vacated south of 27' Avenue NW; and
WHEREAS, the proposed right of way vacation area is shown in the Faribault Transportation
Addition Subdivision Plat attached as Exhibit A and legally described in Exhibit B; and
WHEREAS, the City of Faribault shall retain drainage and utility easement area approved by the
City Engineer and as shown on the final plat of Faribault Transportation Addition; and
WHEREAS, City Staff reviewed the Applicant's application and made a report to the Planning
Commission (VAC/PP 16-16); and
WHEREAS, the Planning Commission, on the 16`h 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:
Ordinance 2016-5
Page 2
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 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 right of way easement vacation as illustrated in Exhibit A and legally described
Exhibit B are hereby approved.
Section 3. Vacation of the requested right of way easement vacation is conditioned on City
Council approval and the appropriate filing of the final plat for Faribault Transportation 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 May 24, 2016, the City Council adopted Ordinance 2016-5 that vacates unimproved right of
way area of Is` Avenue NW also known as Highway 218 from 27`h Street NW south roughly 520
lineal feet. This Ordinance retains drainage and utility easements as shown on the final plat of
subdivision for Faribault Transportation 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 16, 2016
First Reading:
February 23, 2016
Second Reading /Adopted:
May 24, 2016
Publication Date:
A&O 31 2016
Ordinance 2016-5
Page 3
ATTEST:
Ordinance 2016-5
Page 4
EXHIBIT A: Faribault Transportation Addition Right of Way Vacation
Ordinance 2016-5
Page 5
Exhibit B: Legal Description of Area to be Vacated
Page 1 of 2
LEGAL DESCRIPTION OF RIGHT OF WAY TO BE VACATED:
That portion of the former Minnesota Trunk Highway 218 right of way, conveyed to the City of
Faribault by Quit Claim Deed recorded in Book 396 of Deeds, Pages 595-606, which is
described as the westerly 90.00 feet, as measured perpendicular to the centerline of the
aforementioned Trunk Highway right of way, of the parcel described as follows:
That part of the Southeast Quarter of Section 19, Township 110 North, Range 20 West of the
Fifth Principal Meridian, City of Faribault, Rice County, Minnesota, described as follows:
Commencing at the northwest corner of said Southeast Quarter; thence South 00 degrees 30
minutes 50 seconds West (assumed bearing) along the west line of said Southeast Quarter 935.20
feet; thence South 89 degrees 29 minutes 10 seconds East 498.19 feet to the west right of way of
the former Chicago, Great Western Railway Company; thence North 25 degrees 43 minutes 47
seconds East along said right of way 92.95 feet to the point of beginning of the land to be
described; thence continuing North 25 degrees 43 minutes 47 seconds East along said right of
way 466.59 feet to the south line of the north 430.00 feet of said Southeast Quarter; thence North
89 degrees 33 minutes 57 seconds West along said south line of the north 430.00 feet a distance
of 382.96 feet to the centerline of that certain highway, as set out in the Final Certificate of
Record in Book 225 of Deeds on Pages 48 to 62, in the office of the Register of Deeds at
Faribault, Rice County, Minnesota; thence South 07 degrees 03 minutes 03 seconds West along
said centerline 424.36 feet; thence South 89 degrees 29 minutes 1.0 seconds East 232.49 feet to
the point of beginning.
Together with the South 172.00 feet of the North 502.00 feet of that part of the Southeast Quarter
of Section 19, Township 110 North, Range 20 West of the Fifth Principal Meridian, in the City
of Faribault, Rice County, Minnesota, which lies between the southeasterly and northwesterly
right of way lines of Minnesota Trunk Highway 218 as described by Final Certificate dated
October 24, 1963, filed for record in the Office of the County Recorder for Rice County,
Minnesota, on August 25, 1965 and recorded in Book 225 of Deeds ori Pages 48-62,
EXCEPTING therefrom that portion thereof which lies within the following described parcel, to -
wit: That part of the Southeast Quarter of Section 19, Township 110 North, Range 20 West of
the Fifth Principal Meridian, City of.Faribault, Rice County, Minnesota, described as follows:
Commencing at the northwest comer of said Southeast Quarter; thence South 00 degrees 30
minutes 50 seconds West (assumed bearing) along the west line of said Southeast Quarter 935.20
feet; thence. South 89 degrees 29 minutes 10 seconds East 498.19 feet to the west right of way of
the former Chicago, Great Western Railway Company; thence North 25 degrees 43 minutes 47
seconds East along said right of way 92.95 feet to the point of beginning of the land to be
described; thence continuing North 25 degrees 43 minutes 47 seconds East along said right of
way 466.59 feet to the south line of the north 430.00 feet of said Southeast Quarter, thence North
89 degrees 33 minutes 57 seconds West along said south line of the north 430.00 feet a distance
of 382.96 feet to the centerline of that certain highway, as set out in the Final Certificate of
Record in Book 225 of Deeds on Pages 48 to 62, in the office of the Register of Deeds at
Ordinance 2016-5
Page 6
Exhibit B: Legal Description of Area to be Vacated
Page 2 of 2
Faribault, Rice County, Minnesota; thence South 07 degrees 03 minutes 03 seconds West along
said centerline 424.36 feet, thence South 89 degrees 29 minutes 10 seconds East 232.49 feet to
the point of beginning.
Also together with that part of the Southeast Quarter of Section 19, Township 110 North, Range
20 West of the Fifth Principal Meridian, in the City of Faribault, Rice County, Minnesota, which
lies 75.00 feet northwesterly of the following described line (hereinafter "line A", being a line
similarly described in the Final Certificate of record in Book 225 of Deeds on Pages 48-62 in the
Office of the County Recorder for Rice County, Minnesota), to -wit: Beginning at a point on the
east and west quarter line of said Section 19, distant 402.90 feet East of the center thereof, thence
run southwesterly at an angle of 83 degrees 23 minutes 00 seconds from said east and west
quarter line (when measured from west to south) for 1200 feet and there terminating; and which
lies southerly of a line that is 602.00 feet southerly of and parallel with the north line of said
Southeast Quarter, and north of a line thaftommences at a point in the west line of said
Southeast Quarter distant 694.23 feet south of the northwest corner of said Southeast Quarter,
and runs thence easterly, at right angles to said west line, to said line A.
Also together with the west 90.00 feet, as measured perpendicular to the centerline of the
aforementioned Trunk Highway right of way, of all that part of the Southerly 6.00 rods East of
the centerline of that certain highway, as set out in the Final Certificate of Record in Book 225 of
Deeds on Pages 48 to 62, in the office of the Register of Deeds at Faribault, Rice County,
Minnesota, of the following description: Beginning at a point 5 chains South of the center of
Section 19, Township 110 North, Range 20 West, thence South 10 chains 67 links, thence East 6
chains 92 links to right of way to Railroad; thende North 24 '/z degrees East along right of way 11
chains 72 links; thence westerly to the point of beginning.
CERTIFICATION
I, Carole A. Dillerud, Deputy City Clerk for City of
certify that the foregoing Resolution is a true
Ordinance 2016-5 as adopted by the City Council
authorized meeting on May 24, 2016.
{Carole A. Dillerud, Deputy City Clerk
Faribault, do hereby
and exact copy of
of Faribault at a duly
-Tu ,,e I
Date
State of Minnesota
County of Rice
CITY OF FARIBAULT
ORDINANCE 2016-5
APPROVE THE VACATION OF UNIMPROVED PUBLIC RIGHT
OF WAY INCLUDING PART OF 1st AVENUE ALSO KNOWN AS
HIGHWAY 218 SOUTH OF 27TH AVENUE NW WITHIN THE
FARIBAULT TRANSPORTATION ADDITION
WHEREAS, Garrett Regan on behalf of Faribault Transportation Company (Owner) requested
the vacation of unimproved Highway 218 right of way, from 27"` Avenue NW to the south about 520
lineal feet to facilitate additional employee parking and future expansion of the existing Faribault
Transpiration buildings in the proposed Faribault Transpiration Addition subdivision; and
WHEREAS, Faribault Transportation Company owns the property underlying the right of way
easement to be vacated south of 27t1i Avenue NW; and
WHEREAS, the proposed right of way vacation area is shown in the Faribault Transportation
Addition Subdivision Plat attached as Exhibit A and legally described in Exhibit B; and
WHEREAS, the City of Faribault shall retain drainage and utility easement area approved by the
City Engineer and as shown on the final plat of Faribault Transportation Addition; and
WHEREAS, City Staff reviewed the Applicant's application and made a report to the Planning
Commission (VAC/PP 16-16); and
WHEREAS, the Planning Commission, on the 16th 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:
Ordinance 2016-5
Page 2
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 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 right of way easement vacation as illustrated in Exhibit A and legally described
Exhibit B are hereby approved.
Section 3. Vacation of the requested right of way easement vacation is conditioned on City
Council approval and the appropriate filing of the final plat for Faribault Transportation 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 May 24, 2016, the City Council adopted Ordinance 2016-5 that vacates unimproved right of
way area of I' Avenue NW also known as Highway 218 from 27`x' Street NW south roughly 520
lineal feet. This Ordinance retains drainage and utility easements as shown on the final plat of
subdivision for Faribault Transportation 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 16, 2016
First Reading:
February 23, 2016
Second Reading /Adopted:
May 24, 2016
Publication Date:
j_, 2016
Ordinance 2016-5
Page 3
ATTEST:
Brian J.inderson, City Administrator
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Ordinance 2016-5
Page 5
Exhibit B: Legal Description of Area to be Vacated
Pagel of 2
LEGAL DESCRIPTION OF RIGHT OF WAY TO BE VACATED:
That portion of the former Minnesota Trunk Highway 218 right of way, conveyed to the City of
Faribault by Quit Claim Deed recorded in Book 396 of Deeds, Pages 595-606, which is
described as the westerly 90.00 feet, as measured perpendicular to the centerline of the
aforementioned Trunk Highway right of way, of the parcel described as follows:
That part of the Southeast Quarter of Section 19, Township 110 North, Range 20 West of the
Fifth Principal Meridian, City of Faribault, Rice County, Minnesota, described as follows:
Commencing at the northwest corner of said Southeast Quarter, thence South 00 degrees 30
minutes 50 seconds West (assumed bearing) along the west line of said Southeast Quarter 935.20
feet; thence South 89 degrees 29 minutes 10 seconds East 498.19 feet to the west right of way of
the former Chicago, Great Western Railway Company; thence North 25 degrees 43 minutes 47
seconds East along said right of way 92.95 feet to the point of beginning of the land to be
described; thence continuing North 25 degrees 43 minutes 47 seconds East along said right of
way 466.59 feet to the south line of the north 430.00 feet of said Southeast Quarter; thence North
89 degrees 33 minutes 57 seconds West along said south line of the north 430.00 feet a distance
of 382.96 feet to the centerline of that certain highway, as set out in the Final Certificate of
Record in Book 225 of Deeds on Pages 48 to 62, in the office of the Register of Deeds at
Faribault, Rice County, Minnesota; thence South 07 degrees 03 minutes 03 seconds West along
said centerline 424.36 feet; thence South 89 degrees 29 minutes 10 seconds East 232.49 feet to
the point of beginning.
Together with the South 172.00 feet of the North 502.00 feet of that part of the Southeast Quarter
of Section 19, Township 110 North, Range 20 West of the Fifth Principal Meridian, in the City
of Faribault, Rice County, Minnesota, which lies between the southeasterly and northwesterly
right of way lines of Minnesota Trunk Highway 218 as described by Final Certificate dated
October 24, 1963, filed for record in the Office of the County Recorder for Rice County,
Minnesota, on August 25, 1965 and recorded in Book 225 of reeds ori Pages 48-62,
EXCEPTING therefrom that portion thereof which lies within the following described parcel, to -
wit: That part of the Southeast Quarter of Section 19, Township 110 North, Range 20 West of
the Fifth Principal Meridian, City of.Faribault, Rice County, Minnesota, described as follows:
Commencing at the northwest corner of said Southeast Quarter; thence South 00 degrees 30
minutes 50 seconds West (assumed bearing) along the west line of said Southeast Quarter 935.20
feet; thence. South 89 degrees 29 minutes 10 seconds East 498.19 feet to the west right of way of
the former Chicago, Great Western Railway Company; thence North 25 degrees 43 minutes 47
seconds East along said right of way 92.95 feet to the point of beginning of the land to be
described; thence continuing North 25 degrees 43 minutes 47 seconds East along said right of
way 466.59 feet to the south line of the north 430.00 feet of said Southeast Quarter; thence North
89 degrees 33 minutes 57 seconds West along said south line of the north 430.00 feet a distance
of 382.96 feet to the centerline of that certain highway, as set out in the Final Certificate of
Record in Book 225 of Deeds on Pages 48 to 62, in the office of the Register of Deeds at
Ordinance 2016-5
Page 6
Exhibit B: Legal Description of Area to be Vacated
Page 2 of 2
Faribault, Rice County, Minnesota; thence South 07 degrees 03 minutes 03 seconds West along
said centerline 424.36 feet; thence South 89 degrees 29 minutes 10 seconds East 232.49 feet to
the point of beginning.
Also together with that part of the Southeast Quarter of Section 19, Township 110 North, Range
20 West of the Fifth Principal Meridian, in the City of Faribault, Rice County, Minnesota, which
lies 75.00 feet northwesterly of the following described line (hereinafter "line A", being a line
similarly described in the Final Certificate of record in Book 225 of Deeds on Pages 48-62 in the
Office of the County Recorder for Rice County, Minnesota), to -wit: Beginning at a point on the
east and west quarter line of said Section 19, distant 402.90 feet East of the center thereof; thence
run southwesterly at an angle of 83 degrees 23 minutes 00 seconds from said east and west
quarter line (when measured from west to south) for 1200 feet and there terminating; and which
lies southerly of a line that is 602.00 feet southerly of and parallel with the north line of said
Southeast Quarter, and north of a line thatcommences at a point in the west line of said
Southeast Quarter distant 694.23 feet south of the northwest corner of said Southeast Quarter,
and runs thence easterly, at right angles to said west line, to said line A.
Also together with the west 90.00 feet, as measured perpendicular to the centerline of the
aforementioned Trunk Highway right of way, of all that part of the Southerly 6.00 rods East of
the centerline of that certain highway, as set out in the Final Certificate of Record in Book 225 of
Deeds on Pages 48 to 62, in the office of the Register of Deeds at Faribault, Rice County,
Minnesota, of the following description: Beginning at a point 5 chains South of the center of
Section 19, Township 110 North, Range 20 West, thence South 10 chains 67 links, thence East 6
chains 92 links to right of way to Railroad; thence North 24'/2 degrees East along right of way 11
chains 72 links; thence westerly to the point of beginning.
STATE OF MINNESOTA
COUNTY OF RICE
FARIBAULT DAILY NEWS
+
FARIBAULT PLANNING & ZONING
208 NW 1ST AVE
FARIBAULT MN 55021
REFERENCE: 20205
F012026 ORD 2016-5
I do solemnly swear that a copy of the notice, as
per the clipping attached, was published in the
regular and entire edition of the Faribault Daily
News, a newspaper of general circulation,
published in Faribault, County of Rice, State of
Minnesota, and not in any supplement. The
newspaper has complied with all the requirements
constituting qualifications as a legal newspaper,
as provided by Minnesota statutes 331A.02,
331A.07, and all other applicable laws, as
amended. The attached advertisement appeared in
the issue(s) listed below.
12.
Authorized Agent �J __
Sworn to before me this _ J_day of 7 ic__20_Jii
1)t-74/14/?(//tir
NoTary Public, Rice County, Minnesota
•
PUBLISHED ON: 05/31 y , KIM M. �."a't�O
Notary Public-Minnesota
- , My commission Fires Jan 31,2017
1
TOTAL COST: 39.00
FILED ON: 05/31/16 1
+
Lowest classified rate: $20. 10 per inch
Maximum rate allowed by law: $12.30 per inch
Summary Publication
City of Faribault Ordinance 2016-5
An Ordinance Approving the Vacation of Unimproved Public Right
of Way Including Part of 1st Avenue Also Known as
Highway 218 South Of 27th Avenue
NW within the Faribault Transportation Addition
On May 24,2016,the City Council adopted Ordinance 2016-5 that vacates unimproved
right of way area of 1stAvenue NW also known as Highway 218 from 27th Street NW south
roughly 520 lineal feet.This Ordinance retains drainage and utility easements as shown on
the final plat of subdivision for Faribault Transportation Addition.
Public Hearing Date: February 16,2016
First Reading: February 23,2016
Second Reading: May 24,2016