HomeMy WebLinkAboutOrdinance No. 4376 - Ordinance Annexing 2.29 Acres of Land
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 2.29 ACRES OF LAND LOCATED IN ON THE
RD
WEST SIDE OF MARION ROAD SE, SOUTH OF 33 STREET SE,
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:
That part of Lot 34, AUDITOR's PLAT "C" , according to the recorded plat
thereof, on file at the County Recorder, being a part of the Southwest Quarter of
the Northwest Quarter of Section 21, Township 106 North, Range 13 West, all in
Olmsted County, Minnesota, described as follows:
Commencing at the northwest corner of said Southwest Quarter of the Northwest
Quarter, thence on an assumed bearing of South 00 degrees 38' 06" East,
along the west line of said Southeast Quarter of the Northwest Quarter, 316.82
feet to the point of beginning; thence South 89 degrees 47' 38" East, parallel
with the north lines of said Southeast Quarter of the Northwest Quarter and the
Southwest Quarter of the Northwest Quarter, 73.85 feet; thence South 13
degrees 52' 47" East 259.81 feet; thence North 89 degrees 47' 38" West, parallel
with said north lines of the Southeast Quarter of the Northwest Quarter and the
Southwest Quarter of the Northwest Quarter, 426.39 feet; thence North 00
degrees 38' 06" West, parallel with the east line of said Southwest Quarter of the
Northwest Quarter, 252.03 feet; thence South 89 degrees 47' 38" East, parallel
with the north line of said Southwest Quarter of the Southeast Quarter, 293.00
feet to the point of beginning
The above described parcel contains 2.29 acres and is subject to any
easements, covenants, and restrictions of record.
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Section 2. The total quantity of land included in the petition is approximately 2.29 acres
in size.
Section 3. On March 4, 2019, 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 Marion 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 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 Marion Township 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 _______________, 2019.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2019.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15\\Annex.2019-001
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