HomeMy WebLinkAboutOrdinance No. 4548 - Ordinance: Annexation by Olmsted County CD2024-004ANX
ORDINANCE NO. _____________
AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER
APPROXIMATELY 36.84 ACRES OF LAND LOCATED
SOUTH OF WHEELOCK DRIVE NE AND NORTH OF SILVER
CREEK ROAD NE AND THE EAST CIRCLE DRIVE NE AND
VIOLA ROAD NE RIGHT-OF-WAY PARCELS.
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 Parcel 2 of OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 116
lying within the Northwest Quarter of the Northeast Quarter of Section 30, Township 107
North, Range 13 West, Olmsted County, Minnesota.
TOGETHER WITH:
That part of Parcel 2 of OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 116
lying within the Northeast Quarter of the Northeast Quarter of Section 30, Township 107
North, Range 13 West, Olmsted County, Minnesota, lying west of the following described
line:
Commencing at the northeast corner of said Northeast Quarter; thence southerly on a
Minnesota State Plane Grid Azimuth from north of 179 degrees 03 minutes 15 seconds
along the east line of said Northeast Quarter, 867.72 feet to the center line of CSAH
No. 2; thence westerly 337.66 feet along said center line on a nontangential curve
concave northerly, having a radius of 2864.79 feet, a central angle of 06 degrees 45
minutes 11 seconds and a chord azimuth of 265 degrees 56 minutes 58 seconds;
thence westerly 269 degrees 19 minutes 37 seconds azimuth along said center line
371.66 feet to the point of beginning of the line to be described; thence southerly 179
degrees 19 minutes 32 seconds azimuth 395.01 feet and said line there terminating.
EXCEPTING therefrom any part of the above described Parcel 2 previously annexed
to the City of Rochester, Minnesota.
ALSO:
Parcel 3 of AMENDED OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 116,
Olmsted County, Minnesota, EXCEPTING therefrom that part of said Parcel 3 previously
annexed to the City of Rochester, Minnesota, shown as Parcel 3 of OLMSTED COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 45.
ALSO:
Parcel 1, Parcel 2, and Parcel 3 of OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT
NO. 46, Olmsted County, Minnesota.
ALSO:
That part of the Northwest Quarter of the Southeast Quarter of Section 30, Township 107
North, Range 13 West, Olmsted County, Minnesota, lying west of the westerly right of way
line of CSAH No. 22 as shown on OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT
NO. 46.
ALSO:
Parcel 1, Parcel 2, Parcel 2a, and Parcel 2c of OLMSTED COUNTY HIGHWAY RIGHT
OF WAY PLAT NO. 47, Olmsted County, Minnesota, EXCEPTING therefrom that part of
said Parcel 2 lying within the North Half of the Northeast Quarter of Section 31, Township
107 North, Range 13 West, Olmsted County, Minnesota, described as follows:
Commencing at the northeast corner of said Northeast Quarter; thence westerly on a
Minnesota State Plane Grid Azimuth from north of 269 degrees 39 minutes 30 seconds
along the north line of said Northeast Quarter, 1743.15 feet to the easterly right of way
line of CSAH No. 22, as defined by OLMSTED COUNTY HIGHWAY RIGHT OF WAY
PLAT NO. 47; thence southerly 261.78 feet along said easterly right of way line on a
nontangential curve, concave easterly, having a radius of 4463.80 feet, a central angle
of 03 degrees 21 minutes 37 seconds, and a chord azimuth of 159 degrees 01 minutes
30 seconds; thence southerly 160 degrees 17 minutes 45 seconds azimuth, along said
easterly right of way line, 388.43 feet; thence southeasterly 157 degrees 20 minutes
40 seconds azimuth, along said easterly right of way line, 47.60 feet to the point of
beginning; thence southeasterly 157 degrees 20 minutes 40 seconds azimuth, along
said easterly right of way line, 615.49 feet to the northerly right of way line of Silver
Creek Road; thence westerly 269 degrees 35 minutes 55 seconds azimuth, 21.61 feet;
thence northwesterly 337 degrees 20 minutes 40 seconds azimuth, 605.28 feet; thence
easterly 61 degrees 33 minutes 38 seconds azimuth, 20.10 feet to the point of
beginning.
ALSO:
That part of the Southwest Quarter of the Southeast Quarter of Section 30, Township 107
North, Range 13 West, Olmsted County, Minnesota, described as follows:
Commencing at the Northeast corner of the Southwest Quarter of the Southeast
Quarter of said Section 30; thence westerly on a bearing of South 89 degrees 34
minutes 29 seconds West (assumed bearing) along the north line thereof for 687.16
feet for a point of beginning; thence continue on the last described course for 51.37
feet to the east right of way line of CSAH No. 22 as shown on OLMSTED COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 47; thence South 13 degrees 39 minutes 09
seconds East along said east right of way line for 511.75 feet; thence North 76 degrees
20 minutes 51 seconds East for 50.00 feet; thence North 13 degrees 39 minutes 09
seconds West, parallel with said east right of way line, 500.00 feet to the point of
beginning.
ALSO:
Parcel 3 of OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 117, Olmsted
County, Minnesota, EXCEPTING therefrom any part of said Parcel 3 previously annexed
to the City of Rochester, Minnesota.
Containing in all, 36.84 acres, more or less.
Section 4. On October 21, 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 36.84
acres of property zoned R-2 (Low Density Residential – Small Lot).
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\\CD2024-004.ANX