HomeMy WebLinkAboutOrdinance No. 4526 - CD2023-005ANX Meier Companies
ORDINANCE NO.
AN ORDINANCE ANNEXING TO THE CITY OF
ROCHESTER APPROXIMATELY 5.13 ACRES,
TH
LOCATED AT SOUTHWEST CORNER OF 65STREET
TH
NW AND 37AVENUE NW.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Whereas the subject Community Development Department has
received a petition by the landowner requesting the annexation of the subject property
by the City of Rochester.
Section 2. 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 3. 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:
Beginning at the Northeast corner of the Northeast Quarter (NE 1/4) of Section Eight (8),
Township One Hundred Seven (107), Range Fourteen (14), thence South 410 feet, thence
West 637.5 feet, thence North 410 feet, thence East 637.5 feet to the point of beginning,
Olmsted County, Minnesota;
Less the following described parcels:
1. The North 48.00 feet thereof;
2. The South 10 00 feet of the North 58.00 feet of the West 240.00 feet thereof;
3. The South 10.00 feet of the North 68.00 feet of the West 140.00 feet thereof;
4. The South 15.00 feet of the North 63.00 feet of the East 148.00 feet thereof; and
5. That part of said Northeast Quarter described as beginning at the southeast corner of the
North 73.00 feet of said Northeast Quarter; thence westerly, along the south line of said
North 73.00 feet, a distance of 100.50 feet; thence northwesterly to the southwest corner
of the North 63.00 feet of the East 148.00 feet of said Northeast Quarter; thence easterly,
along the south line of said North 63.00 feet, to the east line of said Northeast Quarter;
thence southerly along said east line to the point of beginning.
6. The North 53.00 feet of that part of the East Half of the Northeast Quarter of Section 8,
Township 107 North, Range 14 West, Olmsted County, Minnesota described as beginning
at the northeast corner of said Northeast Quarter; thence South 410 feet; thence West 637.5
feet; thence North 410 feet; thence East 637.5 feet to the point of beginning.
Said tract contains 5.13 Acres, more or less.
The above described parcel contains 5.13 acres and is subject to any easements,
covenants, and restrictions of record.
Section 3. On October 2, 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 Cascade
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. On February 5, 2023, the Common Council considered, during
consent agenda, this amended Ordinance to correct an error in the legal description of
the subject property.
Section 7. As provided in Minn. Stat. §414.036, the City shall pay the
Township the equivalent of three years’ taxes in two years.
Section 8. 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 9. 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 serve the area annexed.
Section 10. Upon annexation the land described in Section 2 above will be
zoned R-3 (Medium Density Residential).
Section 11. 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
Cascade 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 _______________, 2024.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2024.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)