HomeMy WebLinkAboutOrdinance No. 4538 - Ordinance - Annexation CD2024-002 First Unitarian Universalist Church
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 35 ACRES OF LAND LOCATED AT THE
SOUTHEAST CORNER OF VIOLA ROAD NE AND EAST
CIRCLE DRIVE NE.
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:
That part of the West Half of the Northeast Quarter and that part of the
Northwest Quarter of the Southeast Quarter, all in Section 30, Township
107 North, Range 13 West, Olmsted County, Minnesota, described as
follows:
Commencing at the southeast corner of the Northeast Quarter of said
Section 30; thence on an assumed bearing of South 89 degrees 29 minutes
20 seconds West along the south line of said Northeast Quarter a distance
of 700.00 feet; thence North 00 degrees 56 minutes 45 seconds West,
parallel with the east line of said Northeast Quarter, a distance of 50.00 feet;
thence South 89 degrees 29 minutes 20 seconds West, parallel with the
south line of said Northeast Quarter, a distance of 1075.00 feet to the
southwest corner of Lot 39, Block 1, CENTURION RIDGE, according to the
plat thereof on file at the County Recorder’s office, said Olmsted County,
and point of beginning; thence North 89 degrees 29 minutes 20 seconds
East along the south line of said Lot 39 a distance of 293.46 feet to the
northeasterly extension of the northwesterly line of Outlot "B", CENTURY
HILLS OUTLOTS, according to the plat thereof on file at said County
Recorder’s office; thence South 30 degrees 55 minutes 45 seconds West
along said northwesterly line and its northeasterly extension a distance of
1138.52 feet to Monument M-69 of OLMSTED COUNTY HIGHWAY RIGHT
OF WAY PLAT NO. 46; thence North 13 degrees 39 minutes 09 seconds
West along the easterly line of said right of way plat a distance of 300.00
feet to Monument M-68 of said right of way plat; thence North 28 degrees
35 minutes 02 seconds West along said easterly line a distance of 310.48
feet to Monument M-67 of said right of way plat; thence North 07 degrees
56 minutes 31 seconds West along said easterly line a distance of 502.49
feet to Monument M-66 of said right of way plat; thence North 14 degrees
58 minutes 42 seconds West along said easterly line a distance of 784.53
feet to Monument M-65 of said right of way plat; thence North 03 degrees
20 minutes 27 seconds West along said easterly line a distance of 242.40
feet to Monument M-56 of OLMSTED COUNTY HIGHWAY RIGHT OF
WAY PLAT NO. 45; thence North 09 degrees 38 minutes 07 seconds East
along the easterly line of said right of way plat a distance of 320.57 feet to
Monument M-55 of said right of way plat; thence North 41 degrees 05
minutes 50 seconds East along said easterly line a distance of 182.40 feet
to Monument M-54 of said right of way plat; thence North 82 degrees 43
minutes 22 seconds East along the southerly line of said right of way plat a
distance of 195.91 feet to Monument M-53 of said right of way plat; thence
easterly 404.22 feet along the southerly line of AMENDED OLMSTED
COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 116, on a nontangential
curve concave southerly, having a radius of 4811.07 feet, a central angle of
4 degrees 48 minutes 50 seconds, and a chord bearing of North 86 degrees
17 minutes 47 seconds East to the northwest corner of Lot 39, Block 1,
said CENTURION RIDGE; thence South 00 degrees 56 minutes 45
seconds East along the west line of said Lot 39 a distance of 1,592.32 feet
to the point of beginning.
Section 4. On May 20, 2024, the Common Council held a public hearing and
considered annexation of the subject property.
Section 5. 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 6. 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 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 3 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 3 above will be 35
acres of property zoned R-2 (Low Density Residential – Small Lot) per the zone change
exhibit legal descriptions attached to the Staff Memo.
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 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 _______________, 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)
Ord20\\CD2024-002.ANX