HomeMy WebLinkAboutResolution No. 156-07 RESOLUTION'
WHEREAS, on or about May 17, 1976, the Common Council of the City of Rochester and
the Town of Cascade executed a Joint Resolution for Orderly Annexation (a copy of which is
attached and incorporated herein); and
WHEREAS, paragraph 1 of the Joint Resolution allows land designated in Exhibit A as
Parcel A of the Joint Resolution to be annexed to the City pursuant to Minn. Stat. §414.032. The
City of Rochester has determined that the petitioned property is completely surround by the
boundaries of the City of Rochester and, as such, the land is or will soon become urban or
suburban in character; and,
WHEREAS, Minn. Stat. §414.0325, subd. 1(d)(1) states that any signatory to the Joint
Resolution may submit a resolution seeking the annexation of the land described within the Joint
Resolution; and,
WHEREAS, the City of Rochester is a signatory to the Joint Resolution and does seek
the annexation of the petitioned property in as much as the petitioned property satisfies
paragraph 1 of the Joint Resolution; and,
• WHEREAS, the property to be annexed is legally described as follows:
The North 200 feet of the West 653.4 feet of the Northwest Quarter of the Southeast
Quarter, less the West 63 feet thereof, of Section 9, Township 107 North, Range 14
West.
Said tract contains 2.71 acres more or less; and,
WHEREAS, the City's estimate of the population is zero and the number of households
contained in the area is zero; and,
WHEREAS, the City's estimate of electrical service cost differences at the time of
annexation is (a) an increase of .08118 per kilowatt-hour from January through May and October
through December, and (b) an increase of .09824 per kilowatt-hour from June through
September; and,
WHEREAS, there are no township taxes on the petitioned property and, in compliance
with Minn. Stat. §414.036, the City states that there are no township special assessments
assigned or portion of township debt attributable to the petitioned property.
•
1
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
• Rochester that the 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.
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 Cascade and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _ L��`-� DAY OF �,/y11�.rd , 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: `
-D CITYtLE11(1-4
APPROVED THIS 7441 DAY OF , 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\OAA\Res0608(Cas)
• 2
S)76
- TO THE MINNESOTA XUNICIPAL COI-YIISSION
304 Capitol Square Building
St. Paul , Minnesota 55101
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
IN THE MATTER OF THE DESCRIPTION OF )
. AN UNINCORPORATED AREA IN CASCADE )
TOZ•JI:SHIP AS IN NEED OF ORDERLY ) JOINT RESOLUTION FOR
ANNEXATION AND CONFERRING JURISDICTION ) ORDERLY ANNEXATION
OVER SAID APEA IN THE *1INNESOTA . )
MUNICIPAL CO224ISSION PURSUANT TO
14INNESOTA STATUTES , §414. 032
WHEREAS , the owners of certain property situated in the
Town of Cascade, County of Olmsted, State of Minnesota , have.
filed petitions asking for the immediate annexation by ordinance
-to the .City of Rochester of said. property; and .
WHEREAS , the City of Rochester and Town of Cascade for the
purpose of avoiding a dispute over the annexation of the property
. described in said petitions desire to enter into a joint
resolution approving the immediate annexation of said property and
-designating other property in the To-,an of Cascade for orderly
annexation to- the City of Rochester.
- NOW, TH£P,EFOIZE, BE IT RESOLVED by -the City of Rochester and
the Town of Cascade:
1. The property which is situated in the Town of Cascade, -
"'County of Olmsted, State of Minnesota and which is described on
the attached Exhibit A as Parcel A is designated as in need of '
orderly annexation pursuant to 2?innesota Statutes 1974, §414. 032
as the Safi]e irta ,
and hereafter y �r ea_ter De =e::Geo or supplemented -from _-me
. o t;me.
2, The Town of Cascade .hereby withdraws any objections it
.may have filed with the Minnesota Municipal Commission to the
. annexation of any of the property described on the attached
- Exhibit A as Parcel B and hereby consents to the imediate
annexation by ordinance to the City of Rochester of all the
Property in Parcel B , subject to the terms and conditions of this
-resolution. The annexation of said property may be accomplished
by more than one ordinance adopted in sequence at the discretion
w
of the City. ' The Ton of Cascade further agrees that if it has
filed any objections with the Ainnesota Municipal Commission to
the annexation to the City of any of the. property described in
OW Parcel B, a filing of a certified copy ofIthis joint resolution
with the Municipal Commission shall constitute sufficient notice
of the withdraw) of the objections .
3 . ►'nen the F `perty described on the a 'ached �xh;bit
Parcel B is annexed to the City of Rochester , the property platted
and known as Tongen Subdivision will become sixty per cent or more
surrounded by the City of Rochester and under Minnesota Statutes ,
§414._ D33 , such property will then be subject to annexation by city
. -ordinance , subject to the procedures contained in said §414 . 033 .
The present owners of property in Tongen Subdivision desire that no .
part thereof be annexed to the City unless approved by a majority
of otsners of property being annexed. The City w and Ton desire to
honor the request of the owners but do not have any statutory
authority to do so. As an alternative , Tongen Subdivision is
designated for orderly annexation in order to vest jurisdiction
over annexations of such property in the Minnesota Municipal
Commission. While no future action of the City initiating
annexation by order of the Commission of any property in Tongen
Subdivision shall constitute a breach of the terms of this joint
resolution, it is the desire of the City and To<<rn that the
Commission not order such an annexation for a period of five (5)
years from the date of this resolution is approved by the Town
unless approved in some manner by a majority of the owners of the
property being annexed.
4. Pursuant to the provisions of. Minnesota Statutes 1974,
•§414. 068 , the subdivision regulations of .the City of Rochester
shall apply to the property described on the attached. Exhibit A as
Parcel A prior to its annexation to the City of Rochester , effective
on the date that this resolution is approved by . the City and the
Town of Cascade, whichever date is latest.
5,f Pursuant to the provisions of Minnesota Statutes 1974,
§414_068..,_.the zoning regulations of the City of Rochester shall
.apply to the property described on the attached Exhibit A as
Parcel A prior to its annexation to the City of Rochester,
effective on the date that such extension of the City ' s zoning
.regulations is approved by the County of Olmsted.
. .Passed and adopted by the Comr.�on Council of the City of
-Rochester, Minnesota, this 17th day of Mav , 197 6
rTesi ertt bf0aid Comrnon Council
A t t e s t: `�/�X�� �F.-✓�
Deputy Cit3 C erK
Approved this loth day of May 1970
o= the Ceti- o__
i. —
�S ayor/,6f sa'z City
eal
• r
'vassed and 3'.'. pted by the Town of Casco � , Minnesota, this
day of 1976
4D
Chairman ot Towri Board`r
Attest:
Town Cleric
Pursuant to Minnesota Statutes 1974 , §414. 068 , sub d, 2 , the
County of Olmsted hereby agrees that the property described on the
attached Exhibit A as Parcel A shall be excluded from the County
of Olmsted zoning ordinance commencing on the following date.
Dated this day of 197
Chairman of the County Boar
Attest : '
County Auditor
EXHIBIT A
For attachment to the joint resolution of the City of
Rochester and Town of Cascade for orderly annexation.
The following described property is situated in the County of
. Olmsted, State of Minnesotat -
PARCEL A '
Commencing at the Sta Corner. of the Sr 1/4 of Sectior. 32 ,
Cascade Township , thence East ap;�ro�im-itel1, 100 feet to
City Limits of Iochester, for a point' of beginning ; thence
northerly follo-i ing the Cit_.T Limits ofRoch=st.-;= to a point
top on the centerline of 19th St. N.i•:. that is the SW Corner
of the East 1/2 of the NE 1/4 of Section 29 , T?071-1, R1.11•7,
thence North along the Wc-st line of the East 1/2 of *--he I.M. 1/4
of Section 29 , T107N, R14W anti along the !•lest line or the L 1/2
of Sections 20' and .17, T107N, R141 to the centerlina of 55 =t.
N.W. , thence West along the centerline of 55tiz St - N.:�'. to its
intersection with the S.E. corner of -the St•7 1/4 of the S:•7
of Section 8 , ' thence ?7orth to the 'NE corner of the N- 1/4
-of the S11 1/4 of said Section 8 , - thence, East to the center cf
said Section 8 , thence North to the NW corner cf tine St•7 1,/4
o.L t;ie I;E 1/4 , Section -8 , ' thence Last to the Sr Corner c
the 1.111. 1/4 of the NE 1/4 of Section 8 , thence ::orth to
the N11 Corner of the NE 1/4 of the NE 1/4 of Section 8 , :•:hich
_ is the center of 65th St- N.W. , thence East along the North:
line of Sections 8 , 9 -and 10 to its intersection :•7ith t1�e
centerline of ,18th Ave. n.11. , thence -South along the centerline
.of 18th Ave. N. W. to its intersection with the centerline of
. SSth St. N-ta. , thence East along 55th St. N.N. a distance
of 1, 647. 09 feet, thence South to City Limits of Rochester ,
thence generally easterly along the City Limits of ::ochester
to its intersection with the centerline of 37th St . N.W. ,
thence southeasterly, alone; the centcrlinc of 37th St . N.W.',
to its intersection with the centerline of 63 Nort'.: ,
thence southerly along the centerline of U . S . IIigh%-.ay 63 North
to its intersc:ct:ion with the City Liiitits Of Rochester, thence
easterly and southcrly along the City Limits of R,)chcster to
the NE Corner oC Section 36 , thence South t o tine �F: Corner
-of Section 36 , t:l)ence wcst alone; t1in South line of Cascade
To:..—,,ship, to the Point of Beginning , less the areas designated
in this Exhibit A as Parcel ." and less the City of Rochester
as of September 12, 1975. Containing 3 , 856 acres , more or less .
EXHIBIT
PARCEL B
1. Hoffman Property.
Those parts of the North half of Northeast Quarter of
Section 16 , Tow-nship 107 North, Range 14 west of the Fifth
Principal Meridian, Olmsted County , Minnesota, as. described
in the following descriptions :
Beginning at the Northeast corner of Block 1 in
"Pennington' s Business Park" (said line being also
the South line of said North half of Northeast
Quarter, and for purposes bf this description has
an assumed bearing of North 90*00 ' 00"West) ; thence
North 90100 ' 00" West, 158 . 97 feet; thence
-northwesterly 500. 00 feet to the Northeast corner
of Lot 1, Block 1 , "Program Park First Subdivision
thence South 36°16 ' 35" East, 577 ,36 feet - to the point
of beginning.
A parcel of land bounded on the West by the westerly
right-of-way line of Minnesota Trunk Highway 52 ;
bounded on the South by ' the North line of "Program ���
First Subdivision" ; if extended to the West ,
bounded on the East by the East line of said north
half of Northeast Quarter ; and bounded on the North
by the North line of said North half of Northeast
'Quarter,
All containing acres more or less .
ALSO ��� t� .
2. Hoffman Property
6,. Township
A'parcel . of land being in the Northwest Quarter of Section 1
North, Range 14 I.-lest of the Fifth Pri nci pal f•leri di an, Ol nisted County,
- 14innesota , described as follows: beginning at the \orti�east corner of
said \orthriest Quarter, thence westerly along the "forth 1 ine of said
Norti�:�est Quarter to its i ntersecti on i �h the 1 i ne'.r3ral 1 c:l i!i Lh and
121 i feet westerly from thta East line of said t!o►-tl��{-st Quarter; thence
southerly fhrourh said ,Jo:.thwest Quarter of Section 15 on s- ic line
' parallel with and 1211 feet westerly fram said East line of the flortl'n•rest
' • `' Quart-er to its intersection wi th the So►�th 1 ine o said l�lorthi:•est Quarter;
thenc:: easterly alona. said South line 1211 Feet to the Southe:�st corner of
• : laic] :lorthivest Quarter of Section '16; thence northerly alonrl }he East line
of said tlort.ti:�^sc Quarter o f Section 16 to the poi-It of heck nni ng. Also
a parcel of land bounded oil the i•:est b� the !-!':St line of t:je :forth Ore-llal f
of the tlorthcast Quarter of ILct-ion 15, Toimship 107 :dorth, Range 14 let,
_ of the Fifth frinciiiai fieridian, and b��tinr'ed on th^ South bI� the North
line of Tongan' s First Suhdi vi si on and I,oIinLled on the :-forth East side
by the :vesteriy I" gh of :va., l i n^ of 1ii nnL:ota Truril; ffi ay 52.
'. Containin7_ '.acres more or less .
P -ROIL B co:,tinue=
ALSO
3. Schroedbr Property
A ;,;reel cr; 1a�;c, i yin tale So:J':inv st Quarter of Section 16, -the
` (11i11-t.; r of `;ec.ic��: "l anJ tllu 'ic -,IT-jest Qn rtcr of Sectior. 21 ,
;.or hens t
al 1 being it-, Tc:•l,,shi p 107 N,)-i-_h, Range 1.1est of. the Fi f th .Pr i r.ci pal
i•icric!ian, 0: 'sted Couitt ,, Minnesota, dcseribed as follo:•!s: 'Beginning
at the '!orrh ast Corner of t',c Souti:r:_st Quarter of said Section 16;
thence ;:es L.er ly -.1-11r, the �Jol't:l l.i:lc of said Southl:-est Quarter to its
'intersection :Yi'.h a like parallel kith 1211 feet w2stcl-ly from the East
17rie of said Sautlll•:es-t Quart,_,:-; thenc^_ southerly through said South'.-Jest
Quarter of sail Suti,,n 16, 1211 fret w-s_erly from Said East line of
• said Scutn:•!Cst :luart,e r for its i nter-secti cn with a line t•:hi ch is 80J feet
nor-, frosi and naraliel with a line ;:Mich begins in the East line
of said SouL!::lest Quarter of Section 16 a' - a point 450 feet nol-t lie l-ly
from the ScJtithaast corner of-said SOUtii1,125. Quarter and ends in the South
1 ine of 'north One-llal f of North One-Half of i'!orLhl•Jest Quarter of said
•. Section 21 at a distance or I700 f'e:t wasterly frorp the Southeast
• corn�ar of s?id ilnl-th olle=:ialf of 'IDrth one-half of I' 6I Lllwest Quarter
of Section 2l , ;Y11ic;1 line will be llel-e naft�r referred to as "line A";.
thence southt•lesterly along said line viicl: is 300 feet northtrest_riy
fro;l 1nu' parallel rliti7 said "Line A" to its intersection with the north
` .• Brie of said Horthw--2st; QU.,'rzc!- of Section 21 ; thence lY1_-stel'1y itlong said
:• Nol-th line of IN;orthwest rruarter of Section 21 and along the North line
of
i!ol-theast Quart_r o t Se::ti^n 20 to its i r,ter-ser,'�i on with th the forr^:.-r
Chi%ago ari► : ort;ltJes tam Trar.spoI L. L+i, ;cmpary t:estel-ly r'i ght of t:ay
- t�:erzce south;:l•ly along said ticsterl y Trans aorta ti on Corlpany right of Tray
line to its i:1tersecti on with the northerly rl ght of t-Jay 1 i ne of Catlnty
State Aid Fiigl;Jay thence easterly Z1 cnc; said Northerly right of t:ay
line of County State Aid 1:'1 rli:•Jay G to its`i ritehsect ion v.,i th a lice
• parallel with and 200 feet. easterly frcrl said westerl v. Transportati en
' • • Company right of i,av line; tl;ence noi-ti,erly along said line paral l el wi til
_ and 200 feet easterly from said Transportation Company right of :gay line
to its intersection with a line westerly fl-orn and at right angles to th '
East line of *.ortheast Quarter of said Section 20 at the Soutiilhst corner
of said North on -half of :forth one-hal f of Nlorthl•Jest QUal-ter ,of Section
Zl ; Lhence easterly to said Soutlltlzst col-rier; thence continue easterly
alone; said So;llil 1 ine of saiti 1lorth one-hal f of 1Drth one-hat f of
ij01-thv., '.st Quarter t0 its intersection tvith s id "Line A" ; tlienc^
nortllcartel-ly along sale! "Ling A" to its i^tersection with the East
line of-said South Jest 'Quarter of Sectit;:i '16 at a point 450 feet northel-ly
from, the Southeast comicr of said SoULil;Yest Quarter of.Section 16; thence
nortn::rly aicna the East ling of Southt:cst Quarter of Section 16 to tile
point of beginning. Containing 111, 5 acres more or less .
3-
.?�L S 0
4. Penn.ington Property
That part of she Northeast QUarter and the Southea_ st Quarter of
Section 15, Tovrnship 107 North, Range 14 IJest .of. the Fifth
Principal tleridian, Olmsted County, W nnesota , described as
fol1otrs: Beginning at- the Northwest corner of said Northeast
Quarter; thence easterly along the North line of said Northeast
Quarter 1647.09 feet; thence southerly through said Northeast
Quarter and Southeast Quarter 5271 . 50 feet to a point in the
South line of said Southeast Quarter"at a distance of 1645.02
feet easterly from the Southwest corner of said Southeast Quarter;
thence westerly along said South line of .Southeast Quarter 1649.02
feet to the Southv.est corner of said Southeast Quarter; thence
northerly along the t•lest line of said Northeast Quarter and
Southeast Quarter 5258.30 feet to the Glace of beginning;
excepting therefrom the plat of "Candlewood Subdivision
containing 184.83 acres, more,or. less, including right of way
for 18th Avenue -Northwest over the westerly side thereof.
ALSO
5. IBM Property. .
The West 400 feet of the Southeast Quarter of the
Northwest Quarter and the West 400 feet of the
Northeast Quarter of the Southwest Quarter of
Section ' 21 ,- Township 107 North, Range 14 West ,
. Containing 24.-24 acres more or less ,
I
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CITY OF ROCHEST'ER
ORDERLY ANNEXATION AREA 390E oc✓`\ ':i' '�- - - -- _ L..�PARCEL A I
PARCEL,B • AREA'FOR IMMEDIATE
—'_ �.�AWEXATION 329.91 0c ...
I
j, �t•dsrl • •� i I ,+•' � -__.�-\TOTAL" OF PARCEL'�'= 4437_fll oz!
--- - �_ ,y nnax.tion _ ^`
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vo/�rwJBec-i �.e..•�..o.•.�.... - -_— - - - - - - - - - - - 1 - I - - - - - - - -
PROPOSED ORDERLY ANNEXATION
uorx•w.r[J.•rur wawe•.r � � a ,00e eroo
CASCADE TOWNSHIP
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