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HomeMy WebLinkAboutOrdinance No. 4318 - Second Reading: OrdinanceAnnexing38.98AcresOfLand ORDINANCE NO. _____________ AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER APPROXIMATELY 38.98 ACRES OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 106 NORTH, RANGE 14 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: The North 1025 feet of the West 1700 feet of the Southeast Quarter and the South 307.5 feet of the North 1332.5 feet of the West 850 feet of the Southeast Quarter, all in Section 5, Township 106 North, Range 14 West: Less The North 200 feet of the East 800 feet of the West 1700 feet and the North 66 feet of the East 700 feet of the West 900 feet all in the Southeast Quarter of Section 5, Township 106 North, Range 14 West, Olmsted County, Minnesota. And Less That part of the Northwest Quarter of the Southeast Quarter of Section 5, Township 106 North, Range 14 West Olmsted County, Minnesota, described as follows: Beginning at the southeast corner of the North 66 feet of the East 700 feet of the West 900 feet of said Northwest Quarter of the Southeast Quarter; thence on an assumed bearing of South 01°00’00” East parallel to the west line of said Northwest Quarter of the Southeast Quarter 640.00 feet; thence South 88°13’50” West parallel to the north line of said Northwest Quarter of the Southeast 1 Quarter 200.00 feet; thence North 01°00’00” West parallel to the west line of said Northwest Quarter of the Southeast Quarter 390.00 feet; thence North 88°13’50” East parallel to the north line of said Northwest Quarter of the Southeast Quarter 120.00 feet; thence North 01°00’00” West parallel to the west line of said Northwest Quarter of the Southeast Quarter 250.00 feet to the south line of the North 66 feet of the East 700 feet of the West 900 feet of said Northwest Quarter of the Southeast Quarter; thence North 88°13’50” East 80.00 feet to the point of beginning. Said tract contains 1,697,959 sq. ft. or 38.98 acres, more or less. Section 2. The total quantity of land included in the petition is approximately 38.98 acres in size. Section 3. On August 21, 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 Rochester 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. 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. 2 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 Rochester Town Clerk, the County Auditor and the Secretary of State. 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.2017-003 3 Section 4. 'File City pro- ORCdVNANGE NO.48 8 vMed notification 10 t�le pe• AN ORDINANCE ANNEX- ]looters �ru033, t to Mknn, INN TO THE CITY OF 11, hand 133, subd. 2tle ROCHESTER APPROXI- t1, 1 and 13 It applicable MATELY 36.96 ACRES to this petitioned annexa OF LAND LOCATeo IN tion =— THE urf tAsa7uAr r—.�—— -- he TER OF SEctioN s. J� IT ' ATI public a. Following m- public hearing, the �Gorrr- j TOWNSHIP 1013 NRTH, more Council of the city of RANGE 14 WEST,,,Ctt.M" STEL COUNTY, MINNE• Floc he d t determine()an nod that J STAY the lard to be annexed is THE COMMON coUNCIL State of Minnesota, County of Olmsted urrincorporafed, abuts the municipality, consists of OF rl-IE CITY OF nOCH 120 acres dr less, is not ESTER Do ORDAIN. reserrtly served by pub- seeuen . A aetitiotr Inas" ��� l.trvejcry, beim duly sworn, on Hath that she 'is the publisher or authorized e war,tewaterr facilities or been filed wile the Ceram agent and employee of the publisher of the newspaper known as the Post- pubtle wastewater facilities mon Courloll of lire Citythe are not otherwise evell- , Rochester, signed by the Bulletin, and has full Knowledge of the facts which are stated below: chin, and the munioipal appiicarrt requesting Ity has received a petition Common Council to an- for annexation born all fro hox sold land to the City of Rochester.The,land(to (q) The newspaper has complied with all are requirements constituting scribed In lie pakribe for a gibed iI n is rlescntrod as qualifications as a legal newspaper, as provided by Minnesota Statute pro oily owners of the land follows; 331 A.O2, 331 A.07 and other applicable laws, as amended. an ,as such,the land Is or 'File North 1026 feet of i will soon become urban or tine west 1700 toot Of the suburban in character, Southeast Quarter and the See to 6, As provided in South 307.5 feat of tiro (B) The printed notice Minn, Stat, §414.0:36, the j Town- North 1322,5 feet of fhe city shell pay the west 650 feel of the South-' drip ilio equivalent of throe east Quarter,all err section f Which is attached was cut front the columns of said newspaper, and was years'taxes in two years, 5, Townshr a 10 6 North, Section 7. las provided mange 14 west; printed and published 1 time(s); in print,and online on the following dates; In Minn, stat, (1414.033, Less subd. 13,the city has pro- The North 200 feel Of tiro f vfdod notice to lite putt East 600 loot of the west i Boner as to the potential 1700 feet and the North 66 ! Pant LJlltlf 1; �'��P � electric utility service rate feet of the least 704 feet changes, of the west 900 feet all in Section 6, Therefore, tile southeast Quarter of Printed below is a copy of the lower case alphabet from a to z, both inclusive, pursuant to Minn.. stat. Section 5, Township 100 §414.039, subd, 2(3), the NorthFuego 14 west,nl- which is hereby acknowledged as being the size and kind cal type used in the laird described in section 1 rrmsted Qounty Minnesota, Composition and publication of the notice: above is hwetry ,,nnoxed, o added to and riacie a poll And Fess of the City of Rochester', That part of the North ahcdefghii9elrranopgraruvvr+xyz Minnesota„as if It had orig- west Quarter of the South PASTS LETIN COMPANY L.L.C. #pally been a part strand t Section g. Present and fr.r. east Quarter of Seclfarn, lure owners of the lands 5, Township 105 North,` BY'"° ` annexed by this ordinance Lange 14 west Olmsted are hereby notified that In County, Minnesota, do- addition to the usual us- scribed as asscribed'as follows; TITLE: Media Sales Manager sessments, it Is.fhe In- Beginning at the south- tention of tire common east corner of the North tab Council to assess against feet of the East 700 feet benefited property Orli or,a to tYre On the west 900 feet of said Subscribed and sworn q, JEANfJ LIT portion at the cast of airy Northwest Quarter of tiro stoirrn sewer, water tow- IS day Southeast Quarter; trance of Q 1 - � 'NIOTA14YPUBLIC-MINNESOTA er, pumping station, and on an assumed hearing My fine sanitary sewer of South 01100'00" Ernst , 'f °JOA" 1° � construction, heretofore parallel to the wast line ofor hereafter undertaken to said Northwest Quarter �yP llc serve tire area annexed, of the Southeast QuarterRATE INFK3I�N1A 4Q suction 10. Upon annexa- 640.00 feet; thence South lion Elie land described in 88,wao" west parallel to ' section 1 above will be tine north line of said Nor tl1- 1 Lowest classified rate paid by commercial user $21.95 zoned R-1x, west Quarter of the south �� (per loci/per d6yldfs�play rate) Section 11,This ordirrance east Quarter 200.00 feet; For comparable space shall take;effect and be ire thence North OVOVOO" force from and after Its of. West parallel to the west $417.58 ficial publication and from line of said Northwest i 2) 'Publication Fee; and after the filmg of a cores Quarter of the Southeast titled"copy hereof with the Quarter 390,00fe0t;thence Minnesota Office of Admin- North 88'13'60" East par- Istrative Floorings–Murrfcf- sitel to file north line of Ad ff 223277:ORDINANCE NO.4318 AN OROINANGE ANNE Pat'Boundary AdJuslments, said Northwest Quarter 1 the Flochestor Town Clark, of the Southeast Quarter the County Auditorand the 120,00 feet; thence North Secretary of State.. of"oo'O0" West-parallel to ' PASSED AND ADOPT- tile west]fire of saki North- EL BY THE COMMON west Quarter of the South- COUNCIL OF THE CITY east Quarter 253.00 feet to OF ROCHESTER,MINN& the south line of the North SOT&THIS 161h LAY OF 66 feet of the East 700 feet September,2017, of the West goo feet of said /s/Randy�Staver Northwest Quarter of the PRESIDENT C)F SAID Southeast Quarter; thence COMMON COUNCIL North 66"13'60"East 130.00 ATTEST,' feet to the point of begin- Is/Anissa Hottingshoed ping; CITY CLERK Said tract contains APPROVED THIS 21st 1,697,959 sq. ft. or 36.96 ` LAY OF SEPLEMBrin, acres,more or less. 2017. Section 2. The total quan- /S/Ardell F,Prude City of land Included in the MAYOR pethldn is approximataty i Seal at the City est 36.96 acres in size, Roctrester,Minnesota Section 3, On August 21, (9/26) 2017„ tine common C;oun- oil field a public hearing to consider tills annexa- tics,position after providing written notice of the hoar- i �— tog,by certified mall,ter tine properlyy owire3rs,the Roch- ester Townslnp officers, ..,I it," q iiRvent oreoerty