HomeMy WebLinkAboutOrdinance No. 4502 - Ordinance Annex Petition CD2023-003 by Roger Payne (Century Valley Fourth)
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 47.94 ACRES, LOCATED DIRECTLY NORTH OF
SILVER CREEK ROAD NE.
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:
Part of Sections 29 and 32, Township 107 North, Range 13 West, Olmsted County, Minnesota,
being part of the Southeast Quarter of the Southwest Quarter of Section 29, and part of the
Southwest Quarter of the Southeast Quarter of said Section 29, together with part of the
Northeast Quarter of the Northwest Quarter of Section 32, and part of the Northwest Quarter of
the Northeast Quarter of said Section 32, described as follows:
Commencing at the northwest corner of the Northwest Quarter of said Section 32; thence North
89 degrees 53 minutes 42 seconds East along the north line of said Northwest Quarter 1904.25
feet to the point of beginning; thence South 47 degrees 45 minutes 15 seconds East 115.92 feet;
thence South 10 degrees 58 minutes 45 seconds East 130.41 feet; thence South 00 degrees 50
minutes 05 seconds East 129.49 feet; thence South 12 degrees 11 minutes 13 seconds West
129.49 feet; thence South 25 degrees 12 minutes 32 seconds West 129.50 feet; thence South
38 degrees 13 minutes 50 seconds West 129.49 feet; thence South 50 degrees 33 minutes 10
seconds West 119.76 feet; thence South 56 degrees 03 minutes 56 seconds East 89.58 feet to
the most northerly corner of that certain public drainage easement, recorded July 22, 2022, in
Olmsted County records as Document No. A-1570306; thence South 33 degrees 05 minutes 00
seconds West along said drainage easement 283.00 feet; thence North 89 degrees 52 minutes
45 seconds West along said drainage easement 209.00 feet; thence South 00 degrees 07
minutes 15 seconds West along said drainage easement 30.00 feet; thence South 89 degrees
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52 minutes 45 seconds East along said drainage easement 199.00 feet; thence South 62
degrees 19 minutes 00 seconds East along said drainage easement 320.00 feet; thence South
25 degrees 19 minutes 55 seconds East along said drainage easement 53.00 feet to the
northerly right of way line of Silver Creek Road NE; thence North 88 degrees 02 minutes 04
seconds along said northerly right of way line 1345.99 feet to the east line of that certain parkland
easement, recorded August 06, 2021, in Olmsted County records as Document No. A-1543201;
thence North 24 degrees 09 minutes 42 seconds East along said east line 900.91 feet to the
northeast corner of said parkland easement; thence South 89 degrees 58 minutes 25 seconds
West along the north line of said parkland easement 339.75 feet; thence North 27 degrees 45
minutes 06 seconds West 736.34 feet; thence South 49 degrees 20 minutes 59 seconds West
204.76 feet; thence North 53 degrees 48 minutes 05 seconds West 848.19 feet to the east line
of Block 1 of CENTURY VALLEY THIRD, according to the plat thereof, on file and of record in
the office of the County Recorder, Olmsted County, Minnesota; thence South 00 degrees 06
minutes 03 seconds East along said east line 105.81 feet to the southeast corner of Lot 8, in
said Block 1; thence South 42 degrees 52 minutes 38 seconds East 695.07 feet to the northeast
corner of the Northwest Quarter of said Section 32; thence South 89 degrees 53 minutes 42
seconds West along the north line of said Northwest Quarter 737.90 feet to the point of
beginning.
Said tract contains 47.94 Acres, more or less.
The above described parcel contains 47.94 acres and is subject to any easements, covenants,
and restrictions of record.
Section 3. On August 7, 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 Haverhill 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,
pumping station, and trunk line sanitary sewer construction, heretofore or hereafter undertaken to
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serve the area annexed.
Section 9. Upon annexation the land described in Section 2 above will be zoned R-2
(Low Density Small Lot). 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 Haverhill 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\\CD2023-003.ANX
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