HomeMy WebLinkAboutOrdinance No. 4540 - Ordinance - Annexation CD2024-003 Rochester Sand & Gravel, Inc.
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 9.5 ACRES OF LAND LOCATED ON THE
TH
WEST SIDE OF EAST RIVER ROAD, NORTH OF THE 44
STREET NE ALIGNMENT.
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 Northeast Quarter of the Southeast Quarter of Section 14, Township 107,
Range 14 West, Olmsted County, Minnesota, described as follows:
Commencing at the Southwest Corner of the Southeast Quarter of said section 14; thence
North 00 degrees 04 minutes 10 seconds West (bearings based on Olmsted County
Coordinate system NAD83, 2011 adjustment) along the West line of said Southeast
Quarter, a distance of 2044.26 feet; thence South 89 degrees 20 minutes 16 seconds
East, a distance of 1963.87 feet to the Point of Beginning; thence South 00 degrees 15
minutes 28 seconds East, a distance of 720.13 feet to the South line of the Northeast
Quarter of the Southeast Quarter; thence South 89 degrees 28 minutes 01 seconds East,
along said South line, a distance of 655.98 feet to the East line of the Southeast Quarter;
thence North 00 degrees 22 minutes 03 seconds West, along said East line, a distance
of 468.67 feet to the South line of three tracts described in Warranty Deed, Doc. 815878,
as recorded in the County Recorder's office; thence North 89 degrees 23 minutes 03
seconds West, along said South line, a distance of 233.00 feet to the West line of said
three tracts; thence North 00 degrees 22 minutes 03 seconds West, along said West line,
a distance of 250.00 feet more or less to the South line of a tract described in Warranty
Deed, Doc. A-1254930, as recorded in said County Recorder's office; thence North 89
degrees 23 minutes 03 seconds West, along said South line, a distance of 133.01 feet to
the Southwest corner of said tract, thence North 89 degrees 20 minutes 16 seconds West,
a distance of 288.62 feet to the Point of Beginning.
Section 4. On June 3, 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 Cascade
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 9.5
acres of property zoned LI (Light Industrial).
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)
Ord20\\CD2024-003.ANX