HomeMy WebLinkAboutOrdinance No. 4499 - Ordinance - Annexation CD2023-001ANX by YH Dee LLC and Hanson Young LLC
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 47.43 ACRES, LOCATED SOUTH OF SCENIC
POINT DRIVE SW AND WEST OF SCENIC VIEW DRIVE SW.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Whereas the subject property abuts the City of Rochester, is less than 120
acres in size, and is not served by a wastewater facility other than the City of Rochester.
Section 2. The City of Rochester Community Development Department has requested that
the Common Council annex said land to pursuant to Minn. Stat. §414.033 Subd.2(3). The land
described in the annexation request is described as follows:
That part of the North Half of the South Half of the Northeast Quarter of Section 33, Township
106 North, Range 14 West, Olmsted County, Minnesota, described as follows:
Commencing at the southeast corner of said Northeast Quarter; thence North 00°14’19”
East, along the east line of said Northeast Quarter, 658.65 feet to the southeast corner
of said North Half of the South Half of the Northeast Quarter and to the point of
beginning; thence continuing North 00°14’19” East, along said east line, 658.65 feet to
the northeast corner of said North Half of the South Half of the Northeast Quarter;
thence South 89°54’20” West, along the north line of said North Half of the South Half of
the Northeast Quarter, 1407.34 feet; thence South 02°06’43” East 658.69 feet to the
south line of said North Half of the South Half of the Northeast Quarter; thence North
89°55’13” East, along said south line, 1380.32 feet to the point of beginning.
AND
That part of the East Half of Section 33, Township 106 North, Range 14 West, Olmsted
County, Minnesota, being described as follows:
Commencing at the northwest corner of the East Half of said Section 33; thence South
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00 degrees 36 minutes 53 seconds East, assumed bearing, along the west line of said
East Half, 1974.03 feet to the northwest corner of the South Half of the South Half of the
Northeast Quarter of said Section 33; thence North 89 degrees 09 minutes 43 seconds
East, along the north line of said South Half of the South Half of the Northeast Quarter,
1175.00 feet for the point of beginning; thence South 00 degrees 36 minutes 53
seconds East, parallel with the west line of the East Half of said Section 33, a distance
of 1180.72 feet; thence North 89 degrees 09 minutes 43 seconds East, parallel with the
north line of said South Half of the South Half of the Northeast Quarter, 1470.49 feet to
a point on the east line of the Southeast Quarter of said Section 33, distant 794.52 feet
northerly of the southeast corner of the North Half of said Southeast Quarter; thence
North 00 degrees 22 minutes 25 seconds West along said east line, 522.09 feet to the
northeast corner of said Southeast Quarter; thence North 00 degrees 31 minutes 36
seconds West, along the east line of the Northeast Quarter of said Section 33, a
distance of 658.65 feet to the northeast corner of the South Half of the South Half of
said Northeast Quarter; thence South 89 degrees 09 minutes 43 seconds West, along
the north line of said South Half of the South Half of said Northeast Quarter, 1473.70
feet to the point of beginning.
EXCEPT
The West 500.00 feet of the above described parcel.
The above described parcel contains 47.43 acres and is subject to any easements, covenants,
and restrictions of record.
Section 3. On July 10, 2023, the Common Council held a public hearing and considered
annexation of the subject property.
Section 4. The City provided notification of said public hearing, pursuant to Minn. Stat.
§414.033, subd. 2b, by giving 30 days' written notice by certified mail to the Rochester Township
and to all landowners within and contiguous to the area to be annexed.
Section 5. Following the public hearing, the Common Council of the City of Rochester
determined that the land abuts the City of Rochester, is less than 120 acres in size, and is not
served by a wastewater facility other than the City of Rochester.
Section 6. As provided in Minn. Stat. §414.036, the City shall pay the Township the
equivalent of three years’ taxes in two years.
Section 7. Therefore, pursuant to Minn. Stat. §414.033, subd. 2(3), the land described in
Section 2 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,
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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 2 above will be zoned R-1
(mixed-single family). See Exhibit ‘A’.
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.
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)
Ord20\\CD2023-001.ANX
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EXHIBIT “A”
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