HomeMy WebLinkAboutResolution No. 154-23 - Resolution - Orderly Annexation Application No.CD2023-004ANX for the Annexation of Approximately 3.88 Acres
RESOLUTION
Approving Annexation Application No. CD2023-004ANX, to Annex Approximately
3.88 Acres, Generally Situated North of 20th St SE, South of Hillview Ln SE and East
of the Terminus of Whynaught Ct SE, in Section 7, Township 106 North, Range 13
West, in Accordance with “Joint Resolution for Orderly Annexation for Marion Area
#2”, approved September 20, 1999.
WHEREAS, a joint Resolution for orderly annexation was adopted by the City of
Rochester and Marion Township, known as “Joint Resolution for Orderly Annexation for
Marion Area #2” (“Joint Resolution”); on September 20, 1999; and
WHEREAS, on November 3, 2008, in accordance with the Joint Resolution for Orderly
Annexation, the Common Council adopted Resolution No. 509-08 (attached and
incorporated herein as Addendum A); annexing lands into the City of Rochester as identified
via a written legal description and incorporated into said Resolution No. 509-08 as Exhibit
“A”; and
WHEREAS, Resolution No. 509-08 was forwarded by the City of Rochester to the State
of Minnesota Office of Administrative Hearings requesting certain property be annexed to
the City of Rochester pursuant to M.S. 414.0325; and
WHEREAS, on January 24, 2008, the State of Minnesota Chief Administrative Law Judge
reviewed and accepted Resolution 509-08 for orderly annexation, in which said
acceptance documentation is attached and incorporated to this Resolution herein as
Exhibit “A”; and
WHEREAS, it has recently come to the Council's attention there is error in said legal
description identifying the land area to be annexed by through Resolution No. 509-08; and
WHEREAS, a portion of land intended to be annexed through adoption of Resolution 509-
08, and assumed to be part of the City of Rochester incorporated boundaries since January
24, 2008, presently remain within Marion Township through an inadvertent omission in the
legal description; and
WHEREAS, the subject Resolution provides a legal description encompassing the
approximate 3.88 acre land area inadvertently omitted by Exhibit “A” of Resolution No.
509-08; and
WHEREAS, the Council now wishes to correct this error and adopts this Resolution to
accomplish this task to complete the annexation of lands encompassed by the Joint
Resolution for Orderly Annexation for Marion # 2.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the area of land inadvertently omitted by Resolution No. 509-08, located in the
Southeast Quarter of Section 7, Township 106 North, Range 14 West, Olmsted County,
Minnesota, be annexed into the City of Rochester Incorporated Limits in accordance with
the Joint Resolution, more particularly described herein by the following legal description:
Annexation of Land Legal Description:
That part of the Southeast Quarter of the Southeast Quarter of the Southeast
Quarter of Section 7, Township 106 North, Range 13 West, not currently
located within the City of Rochester Incorporated Boundary, Olmsted County,
Minnesota.
BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be maintained in
the office of the Community Development Department of the City of Rochester and shall be
available for public inspection.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to file a certified copy
of this Resolution in the office of the County Recorder in and for Olmsted County, Minnesota.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
ADDENDUM A
See next page for Addendum A…