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HomeMy WebLinkAbout2017-17 Ordinance Vacating a portion of City Roadway Easement - McDonough Site. 2nd rdgState of Minnesota County of Rice CITY OF FARIBAULT ORDINANCE 2017-17 VACATING A PORTION OF A CITY ROADWAY AND UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF RICE COUNTY HIGHWAY 46 NORTH OF AIRTECH DRIVE WHEREAS, Ronald and Jean McDonough (the "Applicants") have submitted an application to vacate a portion of a City Roadway and Utility Easement (recorded as document No. 442906) that is located over a portion of their property; and WHEREAS, The City of Faribault has determined that there is no longer a public need for City Roadway and Utility purposes along the east side of Rice County Highway 46 north of Airtech Drive as described and illustrated on Exhibit A; and WHEREAS, City Staff have prepared a right of way vacation proposal and made a report to the Planning Commission (VAC 23-17); and WHEREAS, the Planning Commission, on the 16th day of October, 2017 following proper notice, opened a public hearing which was continued to the 6th day of November, 2017 regarding said request; 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 vacation 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; Ordinance 2017-17 Page 2 of 5 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 FARIEAULT 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 roadway and utility easement vacation on the property legally described and illustrated on Exhibit A are hereby approved. Section 3. The Mayor and Interim 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 4. 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 5. City Staff shall, upon an affirmative vote of no fewer than five of seven City Council Members, have the following summary printed in the official City newspaper in lieu of the complete ordinance: On December 26, 2017 the City Council adopted Ordinance 2017-17 that vacates a portion of a City roadway and utility easement over the site as described and illustrated in the ordinance on file at City Hall, 208 NW 15t Avenue, Faribault, Minnesota and available for public review during normal business hours. Section 6. 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: First Reading: Second Reading Publication Date: November 6, 2017 December 12, 2017 December 26, 2017 December 30, 2017 City of Faribault 7 Kevin F. Voracek, Mayor ATTEST: N Michael A. McG ire, erim City Administrator Ordinance 2017-17 Page 3 of 5 Ordinance 2017-17 Page 4 of 5 Exhibit A _ 0 4 4 3 fi v in w? C ,�,, y j. z• r 1 �a71 ,L t �,,t. 11 s L 11i i11 � I 1.0 1��jr�lrl,ti, I � z rl 11 it 1, t1, 11 r? ({? , J n �1Y C I I Y I r le r � I n u 17u ►Y! Com} 1 r 1 't' Ij � i n , 3 a u" a es � c Ct�t iI L Ji i iI + s NP,T 6 !r tl u ao,,�Qx�l_r.= 1 +) oIj � d..; f9 O 1%C r 7 itj I ,x i� �11 , r`,� i r' 'u� Sao- e yg-A r,ll rQt tlu t) 3 1. = Y. � V C� F 1 , r r11 fl[� �fi{ 2� �o a 7 ' 4 1 W W L 171 c s 1rrtl�rl �,< a:r uTa �I ri11'1i' �,y7 4y �T 3L � T`�' G°v© i n T hl k r It 1 1 •t r Ly QZV I ( bu CL L _. ,.._ _ _ _ ` : d pct, ✓"s o 65 I, L. c <� ?J 12i`ll Ij jai/k' Ili C7 i 3,111 w4 8T cz o ua �o PJ t°�ifJ i oA/r H11 MS p a a i�Tl a + v , i `�� oca =t 31i\LI LJ J .AMiH1��ii'd fits " u ;.[ a -i C— f ,. . ; L' J ' C a> L tT3 'cT i1 'Lots t m m 4q Lz 110 <P Q( a ii5 a �� Summary Publication City of Faribault ORDINANCE 2017-17 VACATING A PORTION OF A CITY ROADWAY AND UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF RICE COUNTY HIGHWAY 46 NORTH OF AIRTECH DRIVE On December 26, 2017 the City Council adopted Ordinance 2017-17 that vacates a portion of a City roadway and utility easement over the site as described and illustrated in the ordinance on file at City Hall, 208 NW 111 Avenue, Faribault, Minnesota and available for public review during normal business hours. Public Hearing Date: November 6, 2017 First Reading: December 12, 2017 Second Reading: December 26, 2017 Summary Publication AFFIDAVIT OF City of Faribault PUBLICATION ORDINANCE 2017-17 VACATING A PORTION OF A CITY ROADWAY AND UTILITY EASEMENT PUBLIC NOTICES LOCATED ALONG THE EAST SIDE OF RICE COUNTY HIGHWAY 46 NORTH I do solemnly swear that the notice, as per the OF AIRTECH DRIVE proof, was published in the regular and entire On December 26,2017 the City Council adopted Ordinance 2017-17 that vacates a edition of the portion of a City roadway and utility easement over the site as described and illustrated in the ordinance on file at City Hall,208 NW 1"Avenue,Faribault,Minnesota and FARIBAULT DAILY NEWS available for public review during normal business hours. with the known office of issue being located in Public Hearing Date: November 6,2017 First Reading: December 12,2017 the county of: Second Reading: December 26,2017 20365 RICE with additional circulation in the counties of: RICE and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s)once each week, for 1 successive week(s);the first insertion being on 12/30/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a coun- ty adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: / Authorized Agent By: Print Name Subscribed and sworn to or affirmed before me on by: Not P blic 00'. COLLEEN ELEANORE ROLLING Notary Public State of Minnesota My Commission Expires January 31,2022 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.25 per column inch Open Rate Ad ID 20365