Request for Council Action

TO: Mayor and City Council THROUGH: Tim Murray, City Administrator Deanna Kuennen, CED Director FROM: Peter Waldock, AICP Planning Coordinator MEETING DATE: October 23, 2018 SUBJECT: Ordinance 2018-13 Vacating Perimeter Easements in Lots 1 and 2, Block 1, 218 Addition and vacating a portion of unused Highway 218 Right of Way east of 2nd Avenue NW at 20th Street NW – First Reading

Background:

Mark Steinberg, Owner of property at 2005 2nd Avenue NW, has applied for a preliminary and final plat and the vacation of a portion of unused Hwy 218 Right of Way easement area that crosses over the south 55 feet of his property. His application will also vacate the drainage and utility easements on the perimeter of lots 1 and 2, Block 1 of the 218 Addition in order to combine the lots for one commercial lot. The Subdivision application will re-establish the perimeter drainage and utility easements in accordance with City Subdivision codes.

There are three parcels that will be included in the proposed subdivision plat. Two of these parcels are vacant lots. A portion of the site was part of the 218 Addition approved by the City in 2009. Mr. Steinberg received title (through a Quiet Title Process) to a parcel formerly owned by a deceased family member of his, Oscar Kuntze that is encumbered by the Hwy 218 right of way at 20th Street as extended. On October 15, 2018 after proper notice, the Planning Commission held a public hearing regarding the subdivision and vacation requests. No one from the public commented on this matter during the hearing. City Staff did not receive comments from the public prior to the meeting.

The Planning Commission members discussed the requests and found the proposed subdivision was appropriate since the site was zoned C-2 Highway Commercial District and met all of the criteria for a commercial lot in this district. They determined that the unused Highway 218 Right of Way easement was no longer needed for public purposes and could be better used for commercial development by the underlying property owner. They also noted it would be appropriate vacate the perimeter easements on lots 1 and

1 2 of the 218 Addition since these lots are being combined with the associated subdivision request for Kuntze Addition and the easement would be reestablished. By a vote of 7-0 the Planning Commission approved the draft vacation ordinance with findings for approval.

Recommendation: Approve First Reading of Ordinance 2018-13 to vacate perimeter easements in certain lots located in the 218 addition, and a portion of highway 218 right-of-way at 2005 2nd Avenue NW (5/7)

Attachments: • Ordinance 2018-13 • Staff Report to the Planning Commission

State of Minnesota County of Rice

CITY OF FARIBAULT

ORDINANCE 2018-13 VACATE PERIMETER EASEMENTS IN CERTAIN LOTS LOCATED IN THE 218 ADDITION, AND A PORTION OF HIGHWAY 218 RIGHT-OF-WAY AT 2005 2ND AVENUE NW

WHEREAS, Mark Steinberg (Applicant and Owner) submitted a complete application to the City of Faribault on July 27, 2018, requesting that the City of Faribault vacate the perimeter drainage and utility easements in Lot 1 and Lot 2, Block 1, of the 218 Addition, as well as a portion of State Trunk Highway 218 right-of-way legally described and graphically depicted in Exhibit A; and

WHEREAS, the applicant in this case has also applied to replat his property to combine three parcels into one commercial lot for the purpose of future commercial development at the site, and the proposed subdivision plat, Kuntze Addition, will re-establish new perimeter drainage and utility easements as required by City Subdivision Regulations; and

WHEREAS, the perimeter drainage and utility easements established with the previous subdivision (218 Addition) of the subject property cross the center of the subject site and will interfere with development if not vacated; and

WHEREAS, the State Trunk Highway 218 right-of-way is in favor of the City of Faribault and the City of Faribault has the authority to vacate the right-of-way; and

WHEREAS, the City Engineer has determined that there is no public need to maintain that portion of the State Trunk Highway 218 right-of-way which the Applicant has requested that the City vacate; and

WHEREAS, the City of Faribault Development Review Committee reviewed the Applicant’s request and does not object to the requested vacations; and

WHEREAS, City Staff made a report to the Planning Commission (Case Number: VAC 24-18 and VAC 24a-18) related to the Applicant’s request; and

WHEREAS, the Planning Commission, on the 15th day of October, 2018, following proper notice, held a public hearing regarding said requests; and

WHEREAS, following said public hearing, the Planning Commission recommended that the City Council approve the vacation request based on the following written findings as required by Section 2-540 of the City of Faribault Unified Development Ordinance:

539940v1 BDL FA105-362 Ordinance 2018-13 Page 2 of 5

1. No private rights will be injured or endangered because of said vacation. The requested vacation will not adversely affect private rights in any manner. The platting of Kuntze Addition associated with this application will re-establish required perimeter drainage and utility easements at the site. The City of Faribault has adequate right-of-way in 20th Street NW to serve adjacent properties.

2. The public will not suffer loss or inconvenience because of said vacation. There is no public need to maintain the portion of right-of-way which the Applicant has requested that the City vacate. The platting of Kuntze Addition associated with this application will re-establish required perimeter drainage and utility easements at the site which are adequate to serve adjacent properties. The right-of-way associated with 20th Street NW is adequate to serve adjacent properties.

3. No written objection was received, prior to the public hearing, from an adjacent property owner who did not join in the application. The proposed vacation will not adversely affect adjacent property owners.

WHEREAS, the City Council of the City of Faribault held a public meeting on October 15, 2018, to consider the Applicant’s requests, the Staff report, the summary results of the public hearing, and the written findings and recommendation of the Planning Commission related to the Applicant’s request; and

WHEREAS, the City Council of the City of Faribault concurs with the recommendation and written findings of the Planning Commission as stated in the above recitals, and hereby makes the identical findings related to the vacation request, and approved the first reading of Ordinance 2018-13; and

WHEREAS, the City Council of the City of Faribault also held a public meeting on November 13, 2018, at which the City Council approved the second reading of Ordinance 2018-13.

NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS:

Section 1: Findings. The recitals set forth in this ordinance are incorporated into and made a part of this ordinance and, where applicable, constitute the findings of the Faribault City Council.

Section 2. Vacation. That portion of the State Trunk Highway 218 right-of-way legally described and graphically depicted in Exhibit A is hereby vacated.

Section 3. Responsibility for Private Utilities. The Owner shall verify the existence of any private utilities affected by this vacation request. The Owner shall be responsible for any associated costs with relocating said facilities.

539940v1 BDL FA105-362 Ordinance 2018-13 Page 3 of 5

Section 4. Authorization to take Additional City Action. The Mayor, City Administrator, and the City’s Consultants are hereby authorized and directed to take any and all additional steps and actions necessary and convenient to accomplish the intent of this ordinance.

Section 5. Summary Ordinance Publication. City Staff, upon an affirmative vote of no fewer than five of seven City Council members, shall cause the following summary ordinance to be published in the official City newspaper in lieu of publishing the entire ordinance in the newspaper. This summary clearly informs the public of the intent and effect of this ordinance. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published:

SUMMARY OF ORDINANCE 2018-13: VACATE A PORTION OF STATE TRUNK HIGHWAY 218 RIGHT-OF-WAY AT 2005 2nd AVENUE NW On November 13, 2018, the Faribault City Council adopted Ordinance 2018-13 that vacates perimeter drainage and utility easements of Lot 1 and Lot 2, Block 1, of 218 Addition, together with a portion of the State Trunk Highway 218 right-of-way at 2005 2nd Avenue NW. A printed copy of the ordinance with a complete legal description of the vacated portion of right-of-way is available for inspection during regular business hours at Faribault City Hall.

Section 6. Effective Date. This ordinance shall be effective after its passage and publication, in accordance with Chapter 3 of the City Charter.

Public Hearing: October 15, 2018 First Reading: October 23, 2018 Second Reading / Adoption: November 13, 2018 Publication Date: November 16, 2018

City of Faribault

______

Kevin F. Voracek, Mayor

ATTEST:

______

Timothy C. Murray, City Administrator

539940v1 BDL FA105-362 Ordinance 2018-13 Page 4 of 5

EXHIBIT A

Description of Perimeter Drainage and Utility Easements to be Vacated: Lot 1, Lot 2, Block 1, 218 Addition, in the City of Faribault, Rice County, Minnesota

Description of the State Trunk Highway 218 Right of Way to be Vacated:

GRAPHIC DEPICTION OF THE VACATED PORTION OF THE VACATED STATE TRUNK HIGHWAY RIGHT-OF-WAY

539940v1 BDL FA105-362 Attachments for Items 7A & 7B.

FARIBAULT PLANNING COMMISSION October 15, 2018 - PUBLIC HEARING

Case No. and Request: PFP 23-18 Kuntze Addition Preliminary and Final Plat to combine three lots into one commercial lot, and one Outlot located at 2005 2nd Avenue NW; and VAC 24-18 Vacation of unused portion of the former Highway 218 Right-of-Way West of 2nd Avenue NW at 20th Street NW; and VAC 24a-18 Vacation of existing Public Drainage and Utility Easements on Lot 1 and Lot 2, 218 Addition. Applicant and Owner: Mark Steinberg Staff Recommendations: Approve the Preliminary and Final Plat Applications for Kuntze Addition and vacate easements established on the site in 218 Addition plat and re-establish public drainage and utility easements along perimeter lot lines in Kuntze Addition Plat. Approval of the requested vacation of unused public street right of way easement area Deadline for City Action: Extended to November 27, 2018 by the City From: Peter Waldock, Planning Coordinator

BACKGROUND AND SUMMARY

The site is zoned C-2, Highway Commercial District. Surrounding uses include vacant commercial lot to the south, commercial uses to the east and west and a residence in the C-2 District to the north. The Comprehensive Plan guides the site for commercial use.

Page 1 of 5 DISCUSSION

The subdivision proposal will combine the parcels and vacate existing perimeter drainage and utility easements that currently surround the lots that were in 218 Addition. The subdivision will combine the lots and dedicate an outlot to the City of Faribault. The public hearings for the subdivision approval will include the request to vacate the perimeter easements established in 218 Addition plat. The approval of the preliminary and final applications for the Kuntze Addition be considered simultaneously with the ordinance to vacate the perimeter easements.

The application to vacate a portion of the former Hwy 218 right of way will also be processed at this time, along with the subdivision request. The former Hwy 218 right of way in this area is about 180 feet wide in this area. The City only needs a street right of way of 66 feet wide for 20th Street east of 2nd Avenue. This application does not affect any of the necessary 20th Street right of way. After vacation the City will still have nearly 125 feet of public street right of way for 20th Street east of 2nd Avenue.

PRELIMINARY AND FINAL PLAT The following provides an analysis of the key aspects of the proposed plat:

A. Consistency with the Comprehensive Plan. The Comprehensive Plan guides the site for commercial development. The applicants are proposing to use the property in a manner consistent with the Comprehensive Plan.

B. Consistency with the Unified Development Ordinance. The proposed subdivision is zoned C-2 Highway Commercial District. The proposed lot dimensions on the preliminary and final plats are consistent with the requirements for lots in this District.

LOT REQUIREMENTS Minimum Required Proposed Lot Area 20,000 Square Feet. Access to City Utilities 42,325 sq. ft. is required Lot Width 100 feet per buildable lot 195 ft. of frontage on 20th St. NW and 215 ft. of frontage on 2nd Ave. N.

C. Shoreland Management Overlay District. The site is not located in the Shoreland Management Overlay District.

D. Dedicated street right-of-way. The subject property fronts along 2nd Avenue NW to the west and along 20th Street NW. The application will vacate excess right of way for 20th Street NW. No new right of way is needed.

Page 2 of 5 E. Drainage and utility easements. The Applicant’s proposed plat provides perimeter drainage and utility easements that meet the City’s minimum requirements.

F. City Utilities. The subject property is served with City Utilities along 2nd Avenue and along 20th Street adjoining the site.

G. Parkland dedication. This site was part of a prior subdivision and the Parkland Dedication was satisfied at that time.

H. Development agreement. Before an approved final plat is filed with the Rice County Recorder’s office, the subdivider of the land is required to enter into a development agreement with the City. The agreement will address waiver of City costs and fees, the dedication of the outlot to the City, confirm satisfaction of parkland dedication requirements and other standard development agreement provisions.

DEVELOPMENT REVIEW COMMITTEE

The Development Review Committee (DRC) discussed the application on August 7th and on August 21, 2018. The DRC had the following comments.

1. The City does not need more than 66 feet of right of way for 20th Street east of 2nd Avenue. 33 feet north of the Centerline will be retained and there is about 90 feet of additional public right of way easement area south of the centerline for 20th Street here. 2. The area to be vacated is north of the existing north boundary of the Hwy3/20th Street right of way on the west side of 2nd Avenue. The right of way boundaries on both sides the street should align. This proposal will do that. 3. The property is privately owned with easement overlying it. Vacating the easement as requested would allow more room for commercial development of the site. 4. The east 66’ of the Kuntze property should be platted as an outlot and dedicated to the City. This portion of the site need not be included in the vacation area. 5. Staff recommends approval of the vacation request as proposed. Applicable Code Sections:

Chapter 2, Article 10, Faribault Unified Development Ordinance, Vacations of Street, Easement, of Other Public Reservations Sec. 2-530. Action by City Council on vacation.

The City Council shall make the final decision regarding all applications for vacation of a street, easement, or other public reservation of land. Approval shall require a two-thirds (2/3) vote of the City Council.

Chapter 15, Article 3, Faribault Unified Development Ordinance (UDO), Preliminary Plats

Chapter 15, Article 4, Faribault Unified Development Ordinance, Final Plats

Chapter 15, Article 6, Sec. 15-290 Faribault Unified Development Ordinance, Subdivision Design Standards Page 3 of 5

REQUIRED FINDINGS Section 15-130 of the Unified Development Ordinance lists the findings for approval of a preliminary plat and Section 15-210 lists the findings for approval of a final plat. The findings will be outlined in the Draft Resolution to Approve Preliminary and Final Plat, this application.

Sec. 15-130. Required findings for preliminary plat. The Planning Commission and City Council shall make each of the following findings before granting preliminary plat approval: (1) The proposed preliminary plat conforms with the requirements of this chapter, the applicable zoning district regulations, and any other applicable provisions of this ordinance, subject only to acceptable rule exceptions. (2) The proposed subdivision is consistent with the city's Land Use Plan and any other adopted land use studies. (3) The plat contains a sound, well-conceived parcel and land subdivision layout that is consistent with good land planning and site engineering design principles. (4) The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations. (5) All submission requirements have been satisfied.

Sec. 15-210. Required findings for final plat. The Planning Commission and City Council shall make each of the following findings before granting final plat approval: (1) The final plat substantially conforms to the approved preliminary plat; (2) The plat conforms to all applicable requirements of this ordinance, subject only to approved rule exceptions; and (3) All submission requirements have been satisfied. REQUIRED FINDINGS Section 2-540 of the Unified Development Ordinance lists three required findings as a prerequisite for approval. The findings are outlined in the Draft Ordinance for this application.

Sec. 2-540. Required findings for vacation of a street, alley, or other public reservation. The City Council shall make the following findings in granting approval of the vacation of a street, alley, or other public reservation: (1) No private rights will be injured or endangered as a result of the vacation. (2) The public will not suffer loss or inconvenience resulting from the granting of the requested vacation. (3) No written objection has been received, prior to the public hearing, from an adjacent property owner who did not join in the application.

Page 4 of 5

RECOMMENDATION 1. Staff recommends holding the public hearings for the Preliminary and Final Plat Approval of the Kuntze Addition and approve the request. 2. Staff recommends holding the public hearing to vacate the perimeter drainage and utility easements previously established in lots 1 and 2 of 218 Addition and approve the request. 3. Staff Recommends holding the public hearing on the request to vacate 55 feet of former Highway 218 Right of Way easement area and approve the vacation as requested.

ATTACHMENTS 1. City Engineer's Memo Dated October 11, 2018 2. Vacation Ordinance 3. Resolution for Preliminary and Final Plat Approval 4. Aerials, Location and Zoning Maps 5. Application, site plan and photos

Page 5 of 5

Engineering Department Memorandum

TO: Peter Waldock, Planning Coordinator

CC: Deanna Kuennen, Comm. and Econ. Development Director Travis Block, Public Works Director Paul Peanasky, Parks and Recreation Director Karla McCall, Finance Director

FROM: Mark DuChene, City Engineer

DATE: October 11, 2018

SUBJECT: DRAFT – Kuntze Addition- Easement Vacation, Preliminary and Final Plat

BACKGROUND

Mark Stienberg has submitted a easement vacation, preliminary and final plat application for the Kuntze Addition. The site is located in the SE ¼ of Section 19 Township 110, Range 20W, within Lots 1 & 2, 218 Addition and includes a portion of the State Trunk Highway 218 vacated right-of-way. The site is adjacent to Trunk Highway 3 on the west, residential land use to the north, 20th Street NW to the south and vacant City owned land to the east.

The proposed subdivision is located on land that is currently zoned C-2 Highway Commercial. No rezoning is proposed. There are no proposed public improvements. The proposed preliminary final plat shows one (1) commercial lot and one (1) outlot to be dedicated to the City.

The proposed development will be completed by:

Owner/Developer: Mark Stienberg Surveyor: Lake Country Land Professionals

PLAT

Developer has submitted a preliminary plat and final plat for Kuntze Addition and is a partial replat of Lots 1 and 2, 2018 Addition and the combination of land that was acquired by the Developer as part of a quiet title action in October 2017, per court file no 66-CV-17-973 which granted ownership to land previous designated as vacated right-of-way for State Trunk Highway 218.

Kuntze Addition- Easement Vacation, Preliminary and Final Plat Review Page 2 of 3 October 11, 2018

The preliminary and final plat contain one (1) lot and one (1) Outlot. The lot is intended to be marketed for commercial redevelopment of the site and the Outlot is to be dedicated to the City to match the Outlot to the north and connect to 20th Street NW.

The Developer agrees to provide sufficient permanent property monumentation per the development agreement and shall submit to the City written verification by a registered land surveyor licensed in the State of Minnesota.

SITE CONDITIONS

The existing site contains approximately 0.96 acres of land that contains a single-family residence.

EASEMENTS

Existing Easements There are existing perimeter drainage and utility easements on Lots 1 & 2, 2018 Addition as shown on the recorded plat thereof. There is also an existing highway easement that covers the previously vacated TH 218. The Developer is requesting to vacate the existing perimeter drainage and utility easements on Lots 1 & 2, 218 Addition as shown on the recorded plat thereof as well as a portion of the TH 218 highway easement as requested on the application.

The Developer shall be responsible for coordinating and paying for all costs related to the relocation of any private utilities within the existing easements to be vacated.

Proposed Easements The proposed plat shows perimeter drainage and utility easements as required by City code on the proposed Lot 1, Block 1 Kuntze Addition final plat.

STREET AND SITE LAYOUT

No public street improvements are planned as part of the subdivision.

20th Street NW The site is north of and adjacent to 20th Street NW. 20th Street NW is a local street and is constructed as a varying width of 28-30-foot wide, undivided gravel rural roadway and is within a 66-foot right-of-way.

Developer shall be responsible for their portion of the costs to upgrade 20th Street NW to a modern urban roadway according to the City’s policies and practices in place at the time the roadway is improved. If special assessments are used in whole or part to finance said roadway improvement project, Developer shall waive their right to object to said assessments as part of the required subdivision agreement.

Kuntze Addition- Easement Vacation, Preliminary and Final Plat Review Page 3 of 3 October 11, 2018

PARKS AND TRAILS

Developer shall be responsible for paying parkland dedication as required by City Code of Ordinances.

UTILITIES

The site is currently served by City water and sewer from mains located in TH 3 (2nd Avenue NW). There is also sanitary sewer and water located within the 20th Street NW right-of-way.

There are multiple sanitary sewer and water services stubbed to the proposed single lot. At the time of redevelopment of the lot, all unused services must be removed and capped at the mains at the Developers sole cost per City code and policies in effect at the time of redevelopment.

WETLANDS

There are no known wetlands on the site.

RECOMMENDATION

Engineering recommends approval of the preliminary and final plat, subject to the comments within this report and the following:  Developer shall dedicate Outlot A, Kuntze Addition to the City of Faribault  Developer shall enter into a development agreement prior to filing the final plat and issuance of any building permits.

State of Minnesota County of Rice

CITY OF FARIBAULT

ORDINANCE 2018-13 VACATE PERIMETER EASEMENTS IN CERTAIN LOTS LOCATED IN THE 218 ADDITION, AND A PORTION OF HIGHWAY 218 RIGHT-OF-WAY AT 2005 2ND AVENUE NW

WHEREAS, Mark Steinberg (Applicant and Owner) submitted a complete application to the City of Faribault on July 27, 2018 requesting that the City of Faribault vacate the perimeter drainage and utility easements in Lot 1 and Lot 2, Block 1, of the 218 Addition and a portion of State Trunk Highway 218 right-of-way legally described and graphically depicted in Exhibit A; and

WHEREAS, the applicant in this case has also applied to replat his property to combine three parcels into one commercial lot for the purpose of future commercial development at the site and the proposed subdivision plat, the Kuntze Addition, will re-establish new perimeter drainage and utility easements as required by City Subdivision Regulations; and

WHEREAS, the State Trunk Highway 218 right-of-way is in favor of the City of Faribault and the City of Faribault has the authority to vacate the right-of-way; and

WHEREAS, the City Engineer has determined that there is no public need to maintain that portion of the State Trunk Highway 218 right-of-way, which the Applicant has requested that the City vacate; and

WHEREAS, the City of Faribault Development Review Committee reviewed the Applicant’s request and does not object to the requested vacations; and

WHEREAS, City Staff made a report to the Planning Commission (Case Number: VAC 24-18 and VAC 24a-18) related to the Applicant’s request; and

WHEREAS, the Planning Commission, on the 15th day of October, 2018, following proper notice, held a public hearing regarding said requests; and

1. No private rights will be injured or endangered because of said vacation. The requested vacation will not adversely affect private rights in any manner. The Kuntze Addition associated with this application will, re-establish required perimeter drainage and utility easements at the site. The City of Faribault has adequate right-of-way in 20th Street NW to serve adjacent properties.

2. The public will not suffer loss or inconvenience because of said vacation. There is no public need to maintain that portion of right-of-way, which the Applicant has requested that the City vacate. The Kuntze Addition associated with this application will, re-establish required perimeter drainage and utility easements at the site which are adequate to serve adjacent properties. The right-of-way associated with 20th Street NW is adequate to serve adjacent properties.

WHEREAS, the City Council of the City of Faribault held a public meeting on October 15, 2018 to consider the Applicant’s requests, the Staff report, the summary results of the public hearing, and the written findings and recommendation of the Planning Commission related to the Applicant’s request; and

WHEREAS, the City Council of the City of Faribault concurrs with the recommendation and written findings of the Planning Commission as stated in the above recitals, and hereby makes the identical findings related to the vacation request, and approved the first reading of Ordinance 2018-13; and

WHEREAS, the City Council of the City of Faribault also held a public meeting on November 13, 2018, at which the City Council approved the second reading of Ordinance 2018-13.

NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS:

Section 1: Findings. The recitals set forth in this ordinance are incorporated into and made a part of this ordinance and, where applicable, constitute the findings of the Faribault City Council.

Section 2. Vacation. That portion of the State Trunk Highway 218 right-of-way legally described and graphically depicted in Exhibit A is hereby vacated.

Section 5. Summary Ordinance Publication. City Staff, upon an affirmative vote of no fewer than five of seven City Council members, have the following summary ordinance shall be published in the official City newspaper in lieu of publishing the entire ordinance in the newspaper. This summary clearly informs the public of the intent and effect of this ordinance. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published:

SUMMARY OF ORDINANCE 2018-13: VACATE A PORTION OF STATE TRUNK HIGHWAY 218 RIGHT-OF-WAY AT 2005 2nd AVENUE NW On November 13, 2018, the Faribault City Council adopted Ordinance 2018-13 that vacates perimeter drainage and utility easements of Lot 1 and Lot 2, Block 1, of 218 Addition and a portion of the State Trunk Highway 218 right-of-way at 2005 2nd Avenue NW. A printed copy of the ordinance with a complete legal description of the vacated portion of right-of-way is available for inspection during regular business hours at Faribault City Hall.

Section 6. Effective Date. This ordinance shall be effective after its passage and publication, in accordance with Chapter 3 of the City Charter.

Public Hearing: October 15, 2018 First Reading: October 23, 2018 Second Reading / Adoption: November 13, 2018 Publication Date: November 16, 2018

City of Faribault

______

Kevin F. Voracek, Mayor

ATTEST:

______

Timothy C. Murray, City Administrator Ordinance 2018-13 Page 4 of 5

EXHIBIT A

Description of Perimeter Drainage and Utility Easements to be Vacated: Lot 1, Lot 2, Block 1, 218 Addition, in the City of Faribault, Rice County, Minnesota

Description of the State Trunk Highway 218 Right of Way to be Vacated:

GRAPHIC DEPICTION OF THE VACATED PORTION OF THE VACATED STATE TRUNK HIGHWAY RIGHT-OF-WAY

[Space left open for Recorder’s Stamps]

State of Minnesota County of Rice

CITY OF FARIBAULT

RESOLUTION 2018-XXX

APPROVE PRELIMINARY AND FINAL PLATS OF KUNTZE ADDITION

WHEREAS, Mark Steinberg, property owner and applicant, has submitted applications for preliminary and final plat approval of Kuntze Addition, at property legally described on Exhibit A attached hereto; and

WHEREAS, City Staff has completed a review of said applications and made a report (PFP 23-18) to the Planning Commission, a copy of which has been presented to the City Council; and

WHEREAS, the Planning Commission, on the 15th day of October, 2018, following proper notice, held a public hearing regarding the applications, and following said public hearing made findings and recommended approval of the applications; and

WHEREAS, the City Council, on the _____ day of ______, 2018, at a public meeting considered the application; and

WHEREAS, based upon said report, hearing, and recommendation, the City Council hereby finds that approval of the preliminary plat for Kuntze Addition is appropriate with the following findings as required by Section 15-130 of the City's Unified Development Ordinance:

1. Criteria: The proposed preliminary plat conforms with the requirements of the Unified Development Ordinance, the applicable zoning district regulations, and any other applicable provisions of this Ordinance, subject only to acceptable rule exceptions. Finding: The proposed preliminary plat is consistent with the area and dimensional requirements of lots in the C-2 Highway Commercial District. The preliminary plat is consistent with all other applicable provisions of the Unified Development Ordinance. 2. Criteria: The proposed subdivision is consistent with the City's Land Use Plan and any other adopted land use studies. The City's Land Use Plan guides the subject property for commercial use. The proposed plat is consistent with the Comprehensive Plan for commercial uses in this location. Resolution 2018-XXX Page 2 of 4 3. Criteria: The plat contains a sound, well-conceived parcel and land subdivision layout that is consistent with good land planning and site engineering design principles. Finding: The preliminary plat provides for lots that are compatible with other properties in the vicinity. 4. Criteria: The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations. Finding: The layout of the lots in the preliminary plat are done in a manner consistent with the provisions of the City's Unified Development Ordinance and will be compatible with commercial properties in this area. 5. Criteria: All submission requirements have been satisfied. Finding: The proposed preliminary plat adequately addresses the submission requirements as outlined in the City's Unified Development Ordinance; and

WHEREAS, the City Council further finds that approval of the final plat of Rivermont Estates Second Addition is appropriate with the following findings as required by Section 15-210 of the City's Unified Development Ordinance:

1. Criteria: The final plat substantially conforms to the approved preliminary plat. Finding: The Applicant prepared the final plat concurrently with the preliminary plat. The Final Plat conforms to the final plat. 2. Criteria: The plat conforms to all applicable requirements of the Unified Development Ordinance, subject only to approved rule exceptions. Finding: The final plat conforms to all applicable requirements of the City's Unified Development Ordinance. 3. All submission requirements have been satisfied. Finding: The proposed final plat adequately addresses the submission requirements as outlined in the City's Unified Development Ordinance; and

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Faribault that the preliminary and final plat for the Kuntze Addition are hereby approved, subject to the following conditions:

1. The Final Plat shall include public drainage and utility easements of 5 feet in width along the north and east property lines and 10 foot drainage and utility easements along the south and west property lines.

2. The Property Owners and Applicant shall adequately address all items as may be directed by the City Attorney, City Engineer or others with review and approval authority of the City including any plat, or engineer opinions.

3. The Property Owners and Applicant shall address the comments and recommendations of the City Engineer as stated in the City Engineering Department Memorandum dated September 14, 2018.

4. The final plat shall be recorded with the Rice County Recorder's Office within twelve (12) Months following City Council approval or it shall be deemed null and void. Resolution 2018-XXX Page 3 of 4

5. The final plat shall be submitted in a digital format suitable to the City Engineer when the final plat is forwarded for required City signatures.

6. The Property Owner shall enter into a development agreement with the City and shall satisfy all terms and conditions set forth in the development agreement.

7. Before the approved final plat is filed with the Rice County Recorder's office, all applicable fees must be paid and the Developer must enter into a Development Agreement to the satisfaction of the City Attorney, and satisfy all requirements contained in the Development Agreement.

8. The City’s parkland dedication requirements, as specified in the City’s Subdivision Regulations for residential subdivisions have previously been satisfied and no further parkland dedication or fees are required with this plat.

9. The Property Owners and Applicant shall submit a current title commitment for the plat and will be subject to any requirements resulting from City Staff’s and the City Attorney’s review of the title work and plat opinion issued for this plat.

10. Prior to delivery of the final plat, the Developer shall deposit with the City a cash escrow, performance bond, or letter of credit to guarantee performance by the Developer. The amount of said surety (if required) will be stipulated in the Development Agreement.

Adopted this _____ day of ______, 2018.

Faribault City Council

______Kevin F. Voracek, Mayor

ATTEST:

______Timothy C. Murray, City Administrator

Resolution 2018-XXX Page 4 of 4 Exhibit A Legal Description

Lot 1 and Lot 2, Block 1, 218 Addition, City of Faribault, Rice County, Minnesota and also including

Situated in the City of Faribault, Rice County Minnesota.

KUNTZE ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Mock A. t

Port of the Southeast Ouorter of Section 19, Township 110 North, Range ._ c-:f'i,q~@lf~ Principal Meridian. Foriiboult, Rice County .. Minnesota, described as follows: Commen • the southwest corner of said Southeast Quarter (for purposes of this description bearings ore u assumed and based on the west line of said Southeast Quarter being North 0·22·29" East) ; thence North 0·22·29" East, 88.50 feet to lhe southwest corner of the plot of 218 ADDITION:

n ~~~~~~~ouC~t~~· 3~~~~· oi~t.s~:~n~ ~eA68i~!8Nli~~dofth~1 ~~D~}o~~gf;~~~e\heto P~~;els~~t~~est 1 t: 1 f 0 1 D herein described; thence South 89'.37'31· East • along the south line of said Lot 1, 81ock 1, o distance of 265.50 feet lo the southeast corner of Outlet A of soid 218 ADDITION; thence South 0·22·29· West, to o point in the south line of said Southeast Ouorter ond the center line \ of 20th Street Northwest; thence North 89'52'04'" West, along said center line to the inter 0 section with o line South 0'22'29'" West from the point of beginning; thence North 0'22'29" f) I_J i'T East to the point of beginning; excepting the south 33.00 feet thereof --- O'l v 3 has caused the some to be surveyed ond platted and to be hereafter known os KUNTZE ADDITION --- witness my hand this day of , 2018. _J u S 89"37'31" E 195.50 w " (./) I..-..,_~\'(' --~-- "''vv Mork A. Stienberg o-0, State of Minnesota I m I County of Rice I~ () 33 0 day of , 201 B. 0 ~~e>]~;:g~.in~ti~n:~~~;ent was acknowledged before me this w \ . {./) ol ol 0 0 Ci -< c.o \ T"" Sue T. Allen ~i~ 0 I~- 01 Notary Public, Rice County. 1.-linnesoto 01 L()i 2 ~ My commission expires January 31, 2020 0 \ ~I~LO LO I, Chorles R. Allen, do hereby certify that this plot was prepared by me or under my direct super z T"" \) vision and thot I om a duly Licensed Land Surveyor under the lows of the State of Minnesota; that _J N IM I this plot is o correct representolion of that boundary survey, that all mathemolico! dato , and labels ore correctly designated on this plot. that oil monuments hove been, or will be correctly set within 1- \) one year, thol all boundaries and wetlands. as defined in Minnesota Statutes: 505.01. Subd. 3, os of the dote of this certificate are shown and labeled on this plot. and all public ways are shown r -,..""'UI and labeled on this plot. ~w 1~ I 3'; S 39·37'31" E 195.50 Dated this day of • 2018 ~5 :: -- (j) --- Charles R. Al!en :::::=::'.'. N Minnesota License No. 22660 w L 0 T N 1 N State of Minnesota ~I County of Rice II glu ol0 b (j) 0 N Cl) The foregoing Surveyor·s Certificate was acknowledged before me this day of ~I N '°10 LOT 1 81 2018, by Sue T. Allen. Notary. Rice County. N I b '__J S E/~·37'31"E - 195.SO S 89"37'31" E Sue -·r_-Allen Notary Public, Rice County. Minnesota z My commission expires January 31, -66.oo I 3'; 2020 co = C) O> ~ ~1 W) o l[) County Surveyor . L[) !_(") I hereby certify lhot in accordance with Minnesota Statutes, 505.021, Subd. 11, that this plot a I...'; 0 UT LOT Al :ri~ hos been reviewed and approved this day of , 2018. l)I N L __JI!) b ~I~..) ".., Michael Fongmon Rice County Surveyor 66 Vjl &.:.: N 89"37'3~~s.~o- 262.50 ~ oo ___,!cn City of Faribault We do hereby certify that on the day of , _2018, the City Council of n t") Faribault. Rice County, Minnesota, approved this plot of KUNTZE ADDITION. n n I SOUTH LINE OF THE SE 1/4 @r------~ Kevin Voracek Mayor L SW CORNER. TWENTIETH STREET NW SW CORNER,/ SE 1 /4, SE 1/4, _/ Timothy Murray City Administrator SEC. 19-110-20 SEC. 19-110-20

VICINITY W.P County Auditor/ Treasurer SECTION 19-110-20. FARle.AuLT. ~INN[SOTA I hereby certify that oil taxes for 2018 on the land described ore paid, and no delinquent taxes due and transfer entered this day of • 2018. DISTANCES SHOWN TO FEET ( 1D.50. ETC.) ARE EXACT EXTRINSIC VALUES.

BEARING NOTE: ORIENTATION OF THIS PLAT IS BASED UPON THE RECORDED Annette Peters Counly--A-Uditor reosurer PLAT OF 218 AOOITION, ON FILE IN THE OFFICE OF THE /T Rice County. Minnesota -5.0 RICE COUNTY RECORDER. BENCH MARK: TOP NUT HYDRANT AT THE NW CORNER 5.0- OF THE INTERSECTION OF 20th ST. N.W. ANO SECOND c /~g ~ LAKE COUNTRY JD lD ELEVATION - 976. 15 FEET NAVO 1988. County Recorder J hereby certify that this instrument was filed for record in my office this day of s\; LAND PROFESSIONALS W-0E _t '-- . 2018. at 3701 A HIGHWAY 60 WEST s DENOTES RICE COUNTY MONUMENT FOUND 0 25 0 Juoy VOOtrp- County Recol-der FARIBAULT, MN 55021 ~.._., e DENOTES IRON PIPE MONUMENT FOUND I DRAINAGE AND UTILITY EASEMENTS Rice County. Minnesota 507-332-7449 ARE SHOWN THUS: 10· ALONG RIGHT OF WAY. DOCUMENT 11~'.'.r~ o DENOTES 1/2" X 24" PLASTIC CAPPED IRON PIPE NO.------I I 5. ALONG SIDE LINES OF ADJACENT LOTS SET ANO MARKED BY REGISTRATION NO. 22660 REGISTERED LANO SURVEYORS SCALE IN FEET

KUNTZE ADDITION Zoning Map I-2 R-3 23RD ST NW

22ND ST NW

A R-2

21ST ST NW n

i v

C-2

20TH ST NW d x m . 8 1 0 2

. l i r p A

p a M

e s a B \ s p a M \ p o t k s e D \ k c

O o d l a w

Rice County p \ s r

Fairgrounds e s U \ : C

Legend : h t

C-1 Neighborhood Commercial I-P Industrial Park R-4R-4 High Density Residential Overlay Zoning Districts PUD-S a P

C-2 Highway Commercial O Open Space / Agricultural RM Residential Manufactured Home District CityLimits t Name n e

C-3 Community Commercial R-1 Single Family Residential TUD Transitional Urban Development C-3 Parcel Boundaries m u c

CBD Central Business District R-1A Single and Two Family Residential PUD-C o D I-1 Light Industrial R-2 Low Density Residential PUD-MTwo Rivers I-2 Heavy Industrial R-3 Medium Density Residential PUD-R Park

1 inch = 200 feet This map is updated periodically to reflect amendments and should 0 100 200 Feet be used for general reference Planning & Zoning Division purposes. The map is current as October 11, 2018 of the date of the map. Specific inquiries should be directed to the . Planning Division at (507) 334-0100 KUNTZE ADDITION

Comprehensive Plan Map

23RD ST NW

22ND ST NW

21ST ST NW n

i v

20TH ST NW d x m . 8 1 0 2

. l i r p A

p a M

e s a B \ s p a M \ p o t k s e D \ k

Rice County c o d l

Fairgrounds a w p \ s r e s U \ : C

: h

Legend t a P

FUTURE ROW; ROW COMM DOWNTOWN INDUSTRIAL PARK Parks, Trails and Open Space; PARK CityLimits n e m

RR ROW COMM HWY Low Density Residential PUBLIC - SEMI PUBLIC Parcel Boundariesu c o D COMM High Density Residential Medium Density Residential SCHOOLS Two Rivers RIVER INDUSTRIAL Mixed Use URBAN RESERVEPark

To: City of Faribault

From: Mark Steinberg

Re: Proposed subdivision, vacation plat and donation of an outlet to the city

I am seeking to re-plat 3 parcels I own at the corner of 2nd Avenue NW and 20th Street NW. I

have recently completed the Quit Title process for ownership of former HWY 218 Right-of-Way east of

2nd Avenue (20th Street as extends east of 2nd Avenue). However, there is excess. public right-of-way

along this property, so I am seeking vacation of the North 55 of HWY 218 right-of-way easement area on

my property. This will leave 66'+ of public right-of-way for 20th Street east of 2nd Avenue.

I am also seeking to combine Lots 1 and 2, Block 1, HWY 218 Addition, with area shown as The

North 55 of HWY 218 Right-of-way south of Lot 1, Blk 1, HWY 218 Addition. The purpose of the replat and lot combination is for future commercial development.

I am proposing to dedicate the East 66' of the South 55' of my property to the city as an outlot

for public use. The city now owns an adjoining outlot (OLA of HWY 218 addition) east of my property.

This donation with this plat will extend the city's outlot to the 20th street right-of-way as revised with plat.

In exchange for donation of land to the city I am asking for the city's participation in the

subdivision application by waiving application fees and waiving reimbursement of city legal costs in reviewing this application.

Signed, (11 J ~~

Mark Steinberg

Owner/Applicant Cityat-- Faribault

APPLICATION FOR REQUESTED ACTION Vacations-Street/Easement/Other Public Reservations

Planning Case# VA~J,l/ --lg-' Filing Fee 3 70 ± ~(., Hearing Date __

APPLICANT M ,<\ r K. Sf e i tvb ~ r'J E-MAIL b v 1l d.oJ IO 9q ce_ G-~" ;/ . Co"""' PHONE 5 0 7·'3 3i -168°\ {H) 5" 0 f · ') J1lD81 {W) 5 (FAX) ADDRESS g_ 0 0 -S"' d. ivJ. A1 ~ U ·\IV· f:.~ I b~v j-} /"',.,. {Jr; p) J Legal Description 5 CL<-- /J J-l '° c. L Existing Use of Property Ua ca 11.-/-- Proposed Use of Property t1~111 e /'C /4. I

REQUIRED SUBMITTALS: o Legal description o Survey of area to be vacated o Deed or Title Record to Confirm Ownership

SIGNATURE OF APPLICANT DATE l ~ ~I ~, J ~ _._~~~~-=-~~~~~ SIGNATURE OF PROPERTY OWNER DATE ""1 ... J- 1 -· f g Citrot---

Faribault ttf2c12tv120 JUL 27 C City 20f8 ornrn or f:a . Unity 0 °bau1t APPLICATION FOR REQUESTED ACTION eve10Prnent Final Plat ff-# /1 D~· Planning Case# -2.LJg C,,,~!:;tni:--~ rfl6 ); .. -4-. . Filing Fee - · · CNVJO' r ~ ~ Plat Esrow -=--~ Hearing Date CJ =4-15{

APPLICANT yv'\ A,.. I\ S +<-; ,J,,. r j E-MAIL bv 11 ~ c ~ f 0 fl'I -t G- I"'•; I · C.k-t'-. PHONES°·b1-33~-1o~4 (H) ~o1-'31Cf-·/o.1''1 ry'V) (FAX)

ADDRESS '(}-: 0 0 '!:. d '-/ p_ Av ~ N "\.v . t="A '("\ h t\ _, 4

DEVELOPER(if other than applicant) ______

PHONE ______(H) ______(W) ______(FAX) ADDRESS------LEGAL DES CR 1P TIO N~~~~~-~~~~a_e_A_~------ACREAGE/SIZE OF PROPERTY------CURRENT ZONING c_ ' ,' hIA...)cu., PROPOSED ZONING IF CHANGE IS NEEDED__ A)...,...___,,.._... ______Ex1sT1NGusEoFPRoPERTY /21fJsr'd~1~a-. I 4 Uae9 n..i-!~?'-ctf~ PROPOSED USE OF PROPERTY Fu-h1r-e_ {om¢-erc1~ / / ~-eia1'/ t (Including number of units per acre and types of uses if mixed use)

IDENTIFY ALL ADJACENT LAND USES ct>¢1/,f'/"t" relqt :Zon I~ q(I 'i:>td-e~ PROPERTY IS 0 ABSTRACT 0 TORRENS

SIGNATURE OF APPLICANTt/lJ~ DATE 7 - J- I -· I 8 (Must submit proof of property control)

PLEASE PROVIDE ALL INFORMATION REQUESTED ON THIS FORM AND THE ATTACHED CHECKLIST. City Hall * 208 First Avenue N.W. * Faribault, Minnesota 55021-5180 * Phone (507) 334-2222 *fax (507) 333-0399 0 Printed on recycled paper - AN EQUAL OPPORTUNITY EMPLOYER - FINAL PLAT Required Submittals

+ Digital (PDF) copies of the final plat showing:

o Name of subdivision o Location by section, township, range, county, and state, and including descriptive boundaries of the subdivision o Exact location of existing and proposed monuments shall be shown and described on the final plat o Location of lots, streets, public highways, alleys, parks, and other features, with accurate dimensions in feet and decimals of feet o Lots numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block o Exact locations, widths, and names of all streets to be dedicated o Location and width of all easements to be dedicated o Name and address of developer and surveyor o Scale of plat (shown graphically on a bar scale) o Date and North arrow o Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the strips marked "utility easement". o Statement dedicating all streets, alleys, and other public areas not previously dedicated as follows: Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. o Notarized certification by a registered surveyor o Certification indicating that all taxes and special assessments due on the property have been paid in full. o Execution of all owners of any interest in the land and any holders of a mortgage thereon of the certificates required, including dedication of streets, utility easements, and other public area. o Space for certificates of approval and review to be filled in by the signatures of the Mayor and City Administrator

+ Required supplemental information

o Other information as required o Title Work, prepared within the last six months

+ Filing fee & Plat Escrow

SIGNATURE OF APPLICANT

Planning case# _____