HomeMy WebLinkAboutOrdinance No. 4415 Reading: Ordinance annexing 2.22 Acres of Land
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 2.22 ACRES OF LAND LOCATED ON THE EAST
SIDE OF 11TH AVENUE SW AND SOUTH OF 40TH STREET SW.
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 Olmsted County 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 the Northeast Quarter of Section 27, Township 106 North, Range 14 West, Olmsted
County, Minnesota, being described as follows:
Commencing at the northeast corner of the Northeast Quarter of said Section 27; thence South
00 degrees 40 minutes 00 seconds East ( Note: All bearings are in relationship with the Olmsted
County Coordinate System NAD ’83, Adjusted 1996) along the east line of said Northeast
Quarter, 50.00 feet to right of way monument B26 on Minnesota Transportation Right of Way
Plat No 55-48 (the next 4 courses are along said Plat No. 55-48) and to the POINT OF
BEGINNING; South 89 degrees 47 minutes 59 seconds West, 50.41 feet to the right of way
monument B27; thence South 31 degrees 29 minutes 28 seconds West, 117.75 feet to right of
way monument B28; thence South 04 degrees 03 minutes 29 seconds West, 551.45 feet to right
of way monument B29; thence South 00 degrees 06 minutes 06 seconds East, 86.00 feet; then
North 89 degrees 53 minutes 58 seconds East, 159.36 feet to the east line of said Northeast
Quarter; thence North 00 degrees 40 minutes 00 seconds West, along said east line 736.42 feet
to the POINT OF BEGINNING. Said parcel contains 96,560 square feet more or less.
Section 2. On June 15, 2020, 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. The subject public
hearing was tabled at the June 15, 2020 meeting to a future date uncertain. On September 21,
2020, the Common Council took the issue off the table and continued the public hearing to consider
this annexation petition after written notice of the September 21, 2020 continuation of the hearing
was provided, by certified mail, to the property owners, the Rochester Township officers, and the
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adjacent property owners.
Section 3. 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 4. 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 5. As provided in Minn. Stat. §414.036, the City shall pay the Township the
equivalent of three years’ taxes in two years.
Section 6. 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 7. 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 8. 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 9. Upon annexation the land described in Section 1 above will be zoned R-2.
Section 10. 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 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 _______________, 2020.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2020.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/CD2020-001ANX
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