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HomeMy WebLinkAboutOrdinance No. 4426 - Second Reading: Ordinance annexing approximately 60.58 acres of land ORDINANCE NO. _____________ AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER APPROXIMATELY 60.58 ACRES OF LAND LOCATED NORTH OF SILVER CREEK DRIVE, AND EAST OF EAST CIRCLE DRIVE. 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 Northwest Quarter of the Northeast Quarter of Section 31, Township 107 North, Range 13 West, Olmsted County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter; thence North 89 degrees 34 minutes 23 seconds West, assumed bearing, along the north line of said Northeast Quarter 1316.08 feet to the west line of the Northwest Quarter of said Northwest Quarter and also the east line of CENTURY POINT SUBDIVISION, according to the plat thereof on file and of record in the office of the County Recorder, Olmsted County, Minnesota; thence South 00 degrees 01 minute 51 seconds West along said east line 482.38 feet to the south line of said CENTURY POINT SUBDIVISION and point of beginning; thence North 89 degrees 38 minutes 11 seconds West along said south line 254.40 feet to the easterly right of way line of County State Aid Highway No. 22 as shown on Olmsted County Highway Right of Way Plat No. 47; thence South 18 degrees 56 minutes 17 seconds East along said easterly right of way line 136.43 feet; thence South 21 degrees 53 minutes 22 seconds East along said easterly right of way line 47.57 feet to the northerly line of a 30 foot wide strip of land previously annexed, as identified in City of Rochester Ordinance No. 3083, recorded as Document No. 746813 in the office of the County Recorder, in and for Olmsted County; thence North 62 degrees 19 minutes 32 seconds East along said northerly line 217.20 feet to the west line of said Northeast Quarter of the Northeast Quarter of said Section 31; thence North 00 degrees 01 minute 51 seconds East along said west line 70.70 feet to the point of beginning. AND 1 That part of the North Half of the Northeast Quarter of Section 31, Township 107 North, Range 13 West, Olmsted County, Minnesota, described as follows: Commencing at the northeast corner of said North Half; thence South 00 degrees 01 minute 19 seconds West, assumed bearing, along the east line of said Northeast Quarter 1305.94 feet to the southeast corner of said North Half; thence North 89 degrees 38 minutes 11 seconds West along the south line of said North Half 506.78 feet to the southwest corner of Outlot B, CENTURY VALLEY, according to the plat thereof on file and of record in the office of the County Recorder, Olmsted County, Minnesota, said southwest corner being the point of beginning; thence continue North 89 degrees 38 minutes 11 seconds West along said south line 301.57 feet to its intersection with the easterly line of Olmsted County Highway Right of Way Plat No. 47; thence North 73 degrees 50 minutes 05 seconds West along said easterly line 303.04 feet; thence North 89 degrees 38 minutes 07 seconds West along said easterly line 179.32 feet; thence North 21 degrees 53 minutes 22 seconds West along said easterly line 585.38 feet to the southerly line of a 30 foot wide strip of land previously annexed, as identified in City of Rochester Ordinance No. 3083, recorded as Document No. 746813 in the office of the County Recorder, in and for Olmsted County; thence North 62 degrees 19 minutes 32 seconds East along said southerly line 204.48 feet to the west line of the Northeast Quarter of the Northeast Quarter of said Section 31; thence South 00 degrees 01 minute 51 seconds West along said west line 13.04 feet, more or less, to a point 600.01 feet southerly of the north line of said Northeast Quarter; thence South 89 degrees 58 minutes 09 seconds East 400.00 feet; thence North 00 degrees 01 minute 51 seconds East 39.93 feet to the southerly line of lands previously annexed, as identified in City of Rochester Ordinance No. 3642, recorded as Document No. 1021685 in the office of the County Recorder, in and for Olmsted County; thence South 89 degrees 34 minutes 36 seconds East along said southerly line 466.16 feet; thence South 00 degrees 01 minutes 26 seconds West along said southerly line 200.24 feet; thence South 89 degrees 34 minutes 36 seconds East along said southerly line 213.54 feet to the northwesterly line of said Outlot B, CENTURY VALLEY; thence South 34 degrees 07 minutes 13 seconds West along said northwesterly line 436.02 feet; thence South 07 degrees 56 minutes 26 seconds West along said northwesterly line 187.81 feet to the point of beginning. AND That part of the Northeast Quarter of the Northeast Quarter of Section 31, Township 107 North, Range 13 West, as shown as Parcel 2b and Parcel 2d on the Plat designated as Olmsted County Highway Right of Way Plat No. 47, on file and of record in the office of the County Recorder, in and for Olmsted County, Minnesota. Said lands contain a total of 16.75 acres, more or less. AND 2 That part of the South Half 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 North 89 degrees 53 minutes 43 seconds East, assumed bearing, along the south line of said Southwest Quarter 1107.69 feet to the southeast corner of CENTURY VALLEY, according to the plat thereof on file and of record in the office of the County Recorder, Olmsted County, Minnesota, and point of beginning; thence continue North 89 degrees 53 minutes 43 seconds East along said south line 1534.47 feet to the southeast corner of said Southwest Quarter; thence North 42 degrees 52 minutes 37 seconds West 695.07 feet; thence North 00 degrees 06 minutes 02 seconds West 799.99 feet to the north line of said South Half of the Southwest Quarter; thence South 89 degrees 54 minutes 06 seconds West along said north line 1773.51 feet to the east line of CENTURY HILLS FIFTH SUBDIVISION, according to the plat thereof on file and of record in the office of said County Recorder; thence South 00 degrees 15 minutes 45 seconds East along said east line and along the east line of CENTURY HILLS EIGHTH SUBDIVISION, according to the plat thereof on file and of record in the office of said County Recorder, 206.27 feet to the north line of CENTURY VALLEY, according to the plat thereof on file and of record in the office of said County Recorder; thence North 89 degrees 41 minutes 29 seconds East along said north line 217.56 feet; thence South 46 degrees 09 minutes 44 seconds East along the northeasterly line of said CENTURY VALLEY 160.33 feet; thence South 40 degrees 14 minutes 42 seconds East along said northeasterly line 675.04 feet; thence South 06 degrees 47 minutes 18 seconds West along the easterly line of said CENTURY VALLEY 481.08 feet to the point of beginning. Containing 40.77 acres, more or less. AND That part of the North Half of the Northwest Quarter of Section 32, Township 107 North, Range 13 West, Olmsted County, Minnesota, described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 53 minutes 43 seconds East, assumed bearing, along the north line of said Northwest Quarter 1007.18 feet to the point of beginning; thence continue North 89 degrees 53 minutes 43 seconds East along said north line 426.16 feet; thence South 27 degrees 11 minutes 11 seconds East 348.17 feet; thence South 89 degrees 53 minutes 43 seconds West 352.08 feet; thence North 51 degrees 24 minutes 51 seconds West 266.12 feet; thence North 09 degrees 55 minutes 47 seconds West 145.78 feet to the point of beginning. Containing 3.06 acres, more or less. 3 Section 2. On March 15, 2021, 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 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 R1-x 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 Haverhill Township Clerk, the County Auditor and the Secretary of State. 4 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2021. __________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20\\CD2021001ANX.docx 5