HomeMy WebLinkAboutResolution No. 121-04 • RESOLUTION
WHEREAS, on September 20, 1999, the Common Council of the City of Rochester and
the Town of Marion executed a Joint Resolution for Orderly Annexation for Marion Area #3 (a
copy of which is attached and incorporated herein); and
WHEREAS, paragraph 7(c) of the Joint Resolution allows land contained in the orderly
annexation area to be annexed to the City whenever a landowner seeks to develop a residential,
commercial, industrial or governmental use on land which is platted or subdivided, or which is
proposed to be platted or subdivided for development at a density of more than one unit per 40
acres files a petition for annexation with the City and when the City adopts a resolution in
compliance with paragraph 6 of the Joint Resolution; and,
WHEREAS, Todd Fiedler has filed a petition to annex approximately 39.54 acres of land
located along the west side of Marion Road S.E., north of 30t Street S.E., and northeast of
Pinewood Road S.E., and,
WHEREAS, the legal description for the petitioned property is as follows:
That part of the North Half of the Southeast Quarter (N Y2 of SE '/4) of Section Seventeen
(17), Township One Hundred Six (106), North of Range Thirteen (13) West in Olmsted County,
innesota, described as follows:
Commencing at the northwest corner of said Southeast Quarter (SE Y4) and running thence due
east along the north line thereof a distance of 1154.85 feet to the center of Trunk Highway.No.
52, thence deflect to the right along the center line of said highway on a 30 curve, delta angle
11014', radius 1909.86 feet a distance of 374.75 feet, thence south 59°9' west a distance of
154.1 feet, thence south 30°31' east a distance of 82 feet, thence south 5909' west a distance of
72 feet, thence south 30051' east a distance of 166.2 feet; thence north 5909' east a distance of
288.1 feet to the centerline of said trunk highway, thence deflect to the right along the center line
of said trunk highway on a 30curve, radius of 1909.86 feet a distance of 236.1 feet, thence
tangent to said curve bearing south 33055' east a distance of 403.4 feet, thence south 5605'
west a distance of 353.6 feet, thence south 26026' east a distance of 218.15 feet to the point in
the south line of the North Half of the Southeast Quarter (N1/2 of SE '/), thence south 89052'
west a distance of 1800.45 feet to the southwest corner thereof, thence north along the west line
thereof a distance of 1321 feet to the place of beginning. Containing 46.939 acres, more or less.
Together with a perpetual easement for ingress and egress over and across that part of the
Southwest Quarter of the Southeast Quarter of Section 17, Township 106 North, Range 13
West, Olmsted County, Minnesota, described as follows:
Beginning at the northwest corner of said Southwest Quarter of the Southeast Quarter; thence
on as assumed bearing of North 89°50'5" East 66.00 feet along the north line of said Southwest
•Quarter of the Southeast Quarter; thence South 23016'32" West 163.49 feet to.a point on the
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west line of said Southwest Quarter of the Southeast Quarter; thence North 00032'00" West
0150.00 feet along said west line to the point of beginning. Said easement shall include the right
to construct and maintain a road.
EXCEPTING the following two tracts:
TRACT 1
That part of the Southeast Quarter of Section 17,' Township 106, Range 13, described as
follows: Beginning at the Northwest corner of said Southeast Quarter of Section 17; thence
North 89054'22" East, along the North line of said Southeast Quarter (for purposes of this
description bearing of said North line is assumed), a distance of 1154.34 feet to the
Southwesterly right of way of Trunk Highway 52; thence Southeasterly along said right of way,
on a curve, concave Southwesterly (curve data: radius =1909.86 feet; delta angle =11°14'33";
chord bearing a distance = South 54025'41" East 374.15 feet), an arc distance of 374.51 feet;
thence South 59003'22" West, 154.10 feet; thence South 30056'38" East, 33.86 feet; thence
South 89054'22" West, parallel with the North line of said Southeast Quarter, 1340.43 feet to the
West line of said Southeast Quarter; thence North 0036'42" West, 326.26 feet to the point of
beginning; said tract containing 10.0 acres, more or less.
TRACT 2
That part of the Southeast Quarter of Section 17, Township 106, Range 13, Olmsted County,
•Minnesota, described as follows:
Commencing at the Northwest corner of said Southeast Quarter of Section 17; thence North
89054'22" East, along the North line of said Southeast Quarter (for.purposes of this description
bearings are assumed and based on the North line being North 89054'22" East), a distance of
1154.34 feet to the centerline of County State Aid Highway 36; thence southeasterly along said
centerline, on a nontangential curve concave southwesterly (curve date: delta angle =18055'23";
radius =1909.86 feet; chord bearing and distance= South 50035'16" East, 627.90 feet), an arc
distance of 630.77 feet to the point of beginning; thence South 59°03'22" West, 191.83 feet;
thence South 30056'38" East, 100.00 feet; thence North 59003'22" East, 207.07 feet to the
centerline of County State Aid Highway 36; thence northwesterly along said centerline, on a
nontangential curve concave southwesterly (curve data: delta =3002'06"; radius=1909.86 feet;
chord bearing and distance = North 39°36'31" West, 101.15 feet), an arc distance of 101.17 feet
to the point of beginning; subject to right of way for County State Aid Highway 36 over the
northeasterly side thereof; said tract contains 0.46 acres more of less including said right of way
and 0.24 acres more or less excluding said right of way.
Subject to the following described driveway easement:
That part of the Southeast Quarter of Section 17, Township 106, Range 13, Olmsted County,
Minnesota, described as follows:
•Commencing at the Northwest corner of said Southeast Quarter of Section 17; thence North
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89°54'22" East, along the North line of said Southeast Quarter (for purposes of this description
•bearing are assumed and based on said North line being North 89°54'22" East), a distance of
1154.34 feet to the centerline of County State Aid Highway 36; thence southeasterly along said .
centerline on a nontangential curve concave southwesterly (curve data: delta angle = 21°57'29";
radius = 1909.86 feet; chord bearing and distance = South 49°04'13" East, 727.46 feet), an arc
distance of 731.94 feet to the point of beginning; thence South 59003'22" West, 147.72 feet;
- thence South 30056'38" East, 66.00 feet; thence North 59003'22" East, to the centerline of
County State Aid Highway 36; thence northwesterly along said centerline to the point of.
beginning; subject to the right of way for County State Aid Highway 36 over the northeasterly
side thereof.
ALSO
Subject to the right the State of Minnesota in that part taken for right of way for Trunk Highway.
Subject to any other easements, restrictions, and covenants of record.
Containing 39.54 acres more or less.
WHEREAS, the petitioner seeks to develop a residential, commercial, industrial or
governmental use on land which is platted or subdivided, or which is proposed to be platted or
subdivided for development at a density of more than one unit per 40 acres; and,
WHEREAS, the Council wishes to invoke the procedure described in paragraph 7(c) of
•the Joint Resolution and annex the petitioned property and the petitioned property satisfies
paragraph 7 (c) of the Joint Resolution;and,
WHEREAS, the orderly annexation agreement allows for annexation by resolution and
provides that the Minnesota Municipal Board may review and comment but shall, within 30 days
or receipt of said resolution, order the annexation of the area described in the resolution; and,
WHEREAS, the City's estimate of the population and number of households contained in
the area is zero; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.07133 per kilowatt-hour from January through May and October through December, and (b)
.08633 per kilowatt-hour from June through September.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the petitioned property described 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.
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• BE IT FURTHER RESOLVED that this resolution shall take effect and be in force from
and after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
the Town of Marion and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS `S�h DAY OF rVl alGah , 2004.
�SIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLE
APPROVED THIS DAY OF �YY1�zch , 2004.
s
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\OrdedyAnnex.ResO4O7(Marion3)
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