HomeMy WebLinkAboutOrdinance No. 4311 - Second Reading: OrdinanceAnnexing17.44Acres
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 17.44 ACRES OF LAND LOCATED IN THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 107 NORTH, RANGE 13 WEST,
OLMSTED COUNTY, MINNESOTA, AND 7.31 ACRES OF LAND
LOCATED IN THE NORTHEAST QUARTER OF SECTION 31 AND
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 32, TOWNSHIP 107 NORTH, RANGE 13 WEST,
OLMSTED COUNTY, MINNESOTA.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. A petition has been filed with the Common Council of the City of Rochester,
signed by the applicant requesting the Common Council to annex said land to the City of
Rochester. The land described in the petition for annexation is described as follows:
Area 1
That part of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 107 North, Range 13 West, Olmsted County, Minnesota, described as
follows:
Commencing at the southwest corner of said Southwest Quarter; thence easterly
on an assumed azimuth from north of 89 degrees 07 minutes 48 seconds along
the southerly line of said Southwest Quarter 407.88 feet to the easterly line of
lands previously annexed; thence continue easterly 89 degrees 07 minutes 48
seconds azimuth along the southerly line of said Southwest Quarter 699.80 feet;
thence northerly 06 degrees 01 minute 24 seconds azimuth 481.08 feet; thence
northwesterly 318 degrees 59 minutes 24 seconds azimuth 675.04 feet; thence
northwesterly 313 degrees 04 minutes 22 seconds azimuth 160.33 feet; thence
westerly 268 degrees 55 minutes 35 seconds azimuth 217.56 feet to the east
line of lands previously annexed, said line also being the east line of CENTURY
1
HILLS EIGHTH SUBDIVISION, according to the plat thereof, on file and of
record in the office of the County Recorder, Olmsted County, Minnesota; thence
southerly 178 degrees 58 minutes 31 seconds azimuth along the easterly line of
said lands previously annexed 288.50 feet; thence southwesterly 229 degrees
52 minutes 15 seconds azimuth along said easterly line 303.13 feet; thence
southerly 157 degrees 43 minutes 23 seconds azimuth along said easterly line
670.04 feet to the point of beginning.
Said tract contains 17.44 acres, more or less.
Area 2
That part of the Northeast Quarter of the Northeast Quarter, Section 31, and that
part of the Northwest Quarter of the Northwest Quarter, Section 32, all in
Township 107 North, Range 13 West, Olmsted County, Minnesota, described as
follows:
Commencing at the northeast corner of said Northeast Quarter of the Northeast
Quarter; thence southerly on an assumed azimuth from north of 179 degrees 15
minutes 25 seconds, along the east line of said Northeast Quarter 1305.94 feet
to the southeast corner of said Northeast Quarter of the Northeast Quarter and
point of beginning; thence westerly 269 degrees 35 minutes 56 seconds azimuth
along the south line of said Northeast Quarter of the Northeast Quarter 506.78
feet; thence northerly 07 degrees 10 minutes 32 seconds azimuth 187.81 feet;
thence northeasterly 33 degrees 21 minutes 20 seconds azimuth 436.02 feet to
the southerly line of lands previously annexed; thence easterly 89 degrees 39
minutes 30 seconds azimuth along said southerly line 236.46 feet to the east
line of said Northeast Quarter of the Northeast Quarter; thence continue easterly
89 degrees 39 minutes 30 seconds azimuth along said southerly line 61.65 feet;
thence northeasterly 65 degrees 04 minutes 36 seconds azimuth along said
southerly line 247.07 feet; thence southerly 196 degrees 35 minutes 45 seconds
azimuth 518.51 feet; thence southwesterly 219 degrees 55 minutes 08 seconds
azimuth 203.37 feet to the point of beginning.
Said tract contains 7.31 acres, more or less.
Section 2. The total quantity of land included in the petition is approximately 24.75 acres
in size.
Section 3. On May 15, 2017, the Common Council held a public hearing to consider this
annexation petition after providing written notice of the hearing, by certified mail, to the property
owners, the Haverhill Township officers, and the adjacent property owners.
Section 4. The City provided notification to the petitioners pursuant to Minn. Stat.
§414.033, subd. 2b, 11, 12 and 13 if applicable to this petitioned annexation.
2
Section 5. Following the public hearing, the Common Council of the City of Rochester
determined that the land to be annexed is unincorporated, abuts the municipality, consists of 120
acres or less, is not presently served by public wastewater facilities or public wastewater facilities
are not otherwise available, and the municipality has received a petition for annexation from all the
property owners of the land and, as such, the land is or will soon become urban or suburban in
character.
Section 6. As provided in Minn. Stat. §414.036, the City shall pay the Township the
equivalent of three years’ taxes in two years.
Section 7. As provided in Minn. Stat. §414.033, subd. 13, the City has provided notice to
the petitioner as to the potential electric utility service rate changes.
Section 8. Therefore, pursuant to Minn. Stat. §414.033, subd. 2(3), the land described in
Section 1 above is hereby annexed, added to and made a part of the City of Rochester,
Minnesota, as if it had originally been a part thereof.
Section 9. Present and future owners of the lands annexed by this ordinance are hereby
notified that in addition to the usual assessments, it is the intention of the Common Council to
assess against benefited property all or a portion of the cost of any storm sewer, water tower,
pumping station, and trunk line sanitary sewer construction, heretofore or hereafter undertaken to
serve the area annexed.
Section 10. Upon annexation the land described in Section 1 above will be zoned R-1x.
Section 11. This ordinance shall take effect and be in force from and after its official
publication and from and after the filing of a certified copy hereof with the Minnesota Office of
Administrative Hearings – Municipal Boundary Adjustments, the Haverhill Town Clerk, the County
Auditor and the Secretary of State.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15\\Annex.2017-001
4
in Township '107 Ehorih,�
Range 13'West, Olmsted j
aRUINANCE NO,4311 Counly, Minnesota, de-
AN ORDINANCE AN- scribed as follows:
NEXINt3 TO THE CITY Commencing at the north-I
OF ROCHESTER AP- ; east corner of said North-
PROXIMATELY 17 44 j
ACRES OF LAND LO cask Quartet of tato North-
GATED IN
ortitGATEDiN THE aOtlTH ' - east Quarter; thence
southerly on an assurned
WEST QUARTER OF'RHE)' AFFIDAVIT OF PUBLICATIONazimuth from wtorlit of'
SOUTHWEST OUAH-; 119 degrees 15 minutes
TER OF SECTION 29,' 25 seconds, alon 1110)
RANCE iIF" 107 ,, OEM- tate of Minnesota, Counf of Olmsted east line of said orlh-I
RANOE 13 WES1„ QLM east Quarter 1$05.94 feet
STER COUNTY, MINNE to the southeast corner of
OF,I FhND LOCATED ACRIN Sue Lovejoy,
� � p being dui sworn, on oath that she is the ubiisher or authorized said Northeast Quarfer of
THE NORTHEAST QU;AR- the Northeast Quarter and,
TER OF SECTION 31 AND agent and employee Of the publisher Of the newspaper known as the Post- ,paint of beginning; thence
THE NOR"rHWES I westerly 26'9 degrees 5
Bulletlin, and has full knowledge of the facts which are stated below: minutes 66 seconds azi-
QUA.RTER OF THE moth along the south line
NORTHWEST QUARTER of said Nerlheast Quarter
OF SECTION �u2, TOWN of the Northeast Quarter
SHIP' lax NORT 1, (A) The newspaper has complied with all the requirements constituting of the feet; thence uarter
RANGE 13 WEST, OLM qualifications as a legal newspaper, aS provided b Minnesota Statute art 07 degrees 10 minutes
STFD COUNTY, MINNE- � � p y y g
81
SOTA, 331A.02, 331A.07 and others applicable laws, as amended, Set; thencondse northernuth sten
pp foot; thence northeasterly
THE COMMON COUNCIL 3'3 degrees 1 minWas 20
OF THE CITY OF ROCH- seconds azimuth 436,02
ESTER n r 1 A petition
O ORD
AK
n has (g) The printed notice feet to the southerly fine of
lands previously annexod�
been filed with the Com-; thence easterly 99 degrees i
morn Council of the City of 39 minutes 3a seconds
Rochester, signed by the Which is attached was cut from the columns of said newspaper, and was azimuth along said south- ,
applicant requesting .the xt th
Common Council to an- � printed and published 1 �time(s); in print and online on the following dates: eeayeet feet
to
hex Bald lanai to the Ct line of said line 23646 fe
thotthe
of i
Rochester. The land'de-
} �y Quarter of the Northeast
Post Bulletin: 067,/24/20'17 Quarter, Ihenco continue
scribed In the petition for( easterly 69 degrees 39
an6akafi6n is described as; minutes 34 seconds azl.
follows:mulh along said Printed below is a copy of the lower-case alphabet from a to z, both inclusive,
souther-
Area 1 � y fine 61. 5 feet; thence
That )art of the south- which is hereby acknowledged as being the size and kind of typo used in the northeasterly 65 de reel
west carter of the South
04,minutes 36 seconcs az-
west Quarler of section' composition and publication of the notice: irnuth along said southerly`i
29, Township 147 North liho �47.07 feet; lfience 1
Range 13 West, Olmsted soulhorly 196 degrees 35"
County Minnesota, de- r`� ° 9hljklnbnop prsfuw vxyz minutes 45seconds azi.
scribed as follows; 7 Pt�ST-E LI1LLEl l f l CtI PAf�IY L.L.C. oth 516.51 feel; iilenre'
Commencing at the south-, �°� Rt7NNIE DEAN HANSON � � southwesterly 219 degrees
westc mer�ofsaidSouth- � NOTARY PUBLIC BY �� ' �`� 55 minutes as seconds
west Quarter; thence' �.:'� azimuth 203.37 feetfo the i
ahstorl on. an assumed iW ,�' My Commission Expires Jan.31,2022 paint of beginning,
azimut
from north of 89 TITLE: Media S Manager Said tract contains 7,31
degrees 07 minutes 4E3
acres,more or less,
seconds along the south-j $action 2. The total quart=
Orly line of said southwest I illy of land included In the
Quarter 407.88 feet to the Subscribed and sworn to rile On petition is approMmately
easterly line of lands re- 24,76 acres in size,
vlowlyanno�od; thence. This day of Y lvou k_ 0 .. , section 3. On Ma C-6;
continue easterly 39' de- 24178 the Common groes 07 minutes 48 soc� carp I gra Public oaring to
ends azimuth along the I "" p
southerly line of said Notary Public petition after providing writ
Southwest Quarter 699.80 t len notloe of the hearing,by;
feel, thence northerly 06 RATE INFORMATION certified mall, to the prop- �
degrees 01 minute 24'seo- erty owners, the Haverhill
ends azimugh 461.08 feel; Township officers,and the
thence northwesterly 316 1) Lowest classified rate paid by eornmerciat user $21.95 adiacent property owners,
degrees 59 minutes 24 For comparable space (per inch/per day/display rate) Section 4. The Cfiy pro-
seconds azimuth 675.04 waded notification to the pe-
feet; thence northwesterly titioners pursuant to Minn,
313 degrees 04 minutes 22 2) Publication Fee $552.10
seconds azimuth 1657,33 Shut ,§44433, suhrl, 2b, l
NO— thane west®ray 269 11, 12�.and 13 if applicable
degrees $5 rninute's 15 i to,this' petilloned anrlCaXa-
seconds azimuth 217.66 Ad#212584:ORDINANCE NO.4511 AN ORDINANCE ANNE lion,
feet to the east fine of lands l Section 5. Following' the
previously ;annexed, said; public hewing, the Conn �
line also bele 1170 east mays Council of the City of 1
line of CENT RY HILL'S I l3achester'determined��that
EIGHTH SUBDIVISION,� Ihe, land to be annexed is
according to the lat there-, unincorporated, abuts tate "
of, on file and 0 record in� munlolpatity, consists. "of
the office of the County rlo- 126 acres or fess; is not '
corder, Olmsted County, prgsofntly served b� pub-
Minnesota; 'thence south.; lie wastewater laaaiilkies or
erly 178 degrees 56 min-, public wastewater facilities
Idea31 seconds azimuth are not otherwise arvall.
along the easterly line of able, and the municipal-
said lands rprevf0usfy an-, ity has received a petition
hexed 206,D�0 feet; thence; for anhexation from all the
southwesterly 229 degrees property owners of the land i
52 minutes 15 seconds and,as such;file land is or
azimuth along said easter-I will soon trecorrne urban or
fy fine$03.13 feet; thence suburban In character,'
southerly 157 degrees 43 Septlon 6, As provided In
minutes 23 seconds 'azi. Minn , Stat, §414.036, the
mu�th, along said easterly City shalt pay the Town-
fine 670,04 feet to the point ship the equivalent of three
of beginning, years'taxes in two years,
Said tract contains 17,44 Section 7. As provided
acres,more or less. In Minn, Slat. §414.933,
Area 2 suibd, 13,the City has pro-
That}cart of the Northeast ` vided notice to the pefla
Quarter of tlfooer as to the polentlaf
he Northeast i efeciric utility service rate
;
J Quarter, section 31, and r changes.
that part of the Northwest changes.
6;� Therefore,
of file Northwest
Ouarter, Section 32;; off
pursuant to Minn, Slat,
§4141,033, subd. 2(8)„ the pal Boundary Adjustments,
land described in Section 1 the Haverhill Town Clerk;
ahoy; is hereby annexedthe Counly Audilor and the
adder) to and made',a pari Secretary of State.
Of tine City of Flochoster, PASSED AND ADOPT.
Minnesota,as If It lied origi- ED By THE; COMMON
nally been a parCthereoh, COUNCIL Or THE CITY
Section b, Present and 6 OF ROCHESTER.MINNE- I
ture owners of the lands SOTA,THIS 18th DAY tap'
annexed by this ordinance JUNE,2017
are hereby notified that in, Isl Hand Staver i
bdelition to 1110:usual as-- PRESIDENT�F SAID
s�assrnanls, it is the in. COMMON COLJNCtf., I
tdntlon� of the Common ATTEST:
Council to assess against ,lsd Aniss a 1-follingshoard
belpelited properly all or a CITY CLE
portion of the cost of any APPROVED "f�HIS 21st
storm sewer, water tow- DAY CSF JUNE,2017.
or, pumping station, and PSl Ardeli F.Brace
trunk line sanitary soarer MAYOR
construction, heretofore Seal of the City of
or hereafter undertakers to Rochester,Minnesota ' I
serve the area Annexed." (Wit) I
Serfiorr 10. Upon annexa.
tion the land'described In;
Section I above wlif be
zoned'R-1x. r
Section 11,This ordinance
shelf lake effect and be in
force from and after its of-
ficial publication and from,
and after,the filing of a cer-
tified copy hereof with the
Minnesota COfflre of Admin-J
Imrallve HearfnGs—Municl-�
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