HomeMy WebLinkAboutResolution No. 169-26 - Resolution - Water Extension Improvement Project J7862
RESOLUTION
Authorizing Country Club Road Water Main Extension Project, City Project J7862
and the Levying of Special Assessments.
WHEREAS, the Public Utility Board of the City of Rochester has resolved to approve the
expenditure of up to $1,200,000 for design and construction of water main extension along
Country Club Road in coordination with the sewer and water improvements under City
Project J7862 (“Extension Project”); and
WHEREAS, the Public Utility Board of the City of Rochester has resolved to authorize its
General Manager and the City Attorney to finalize and execute two parallel agreements with
Pulte Homes of Minnesota LLC (“Pulte”) and ML Group LLC (“ML Group”) for the provision
of necessary easements, funding, and security for the Extension Project, each entitled
Water Extension Improvement, Petition and Waiver, and Reimbursement Agreement
(“Agreement”); and
WHEREAS, in each Agreement, Pulte and ML Group respectively petition for the City to
proceed with the Extension Project, agree to grant the necessary easements, and agree to
pay their allocated share of Extension Project costs; and
WHEREAS, each Agreement includes an assessment agreement whereby Pulte and ML
Group consent to the City levying a special assessment against their respective properties
on the terms and up to the maximum amount stated in each Agreement; and waive notice,
hearing, and all other requirements of Minnesota Statutes chapter 429; and
WHEREAS, the Common Council finds that the properties benefited by the Extension
Project include property owned by Pulte legally described on Exhibit A (“Pulte Property”)
and property owned by ML Group legally described on Exhibit B (“ML Group Property”); and
WHEREAS, the Pulte Property is unimproved land on which Pulte proposes to develop a
residential subdivision; and
WHEREAS, the ML Group Property is unimproved land on which ML Group proposes to
develop a residential subdivision; and
WHEREAS, Pulte and ML Group anticipate paying off the special assessments in whole or
in part before October 1, 2031, pursuant to the payment terms of each respective
Agreement; and
WHEREAS, pursuant to the Agreements and Minnesota Statutes, section 429.061,
subdivision 2, the assessments will be deferred and the first installment of principal and
interest for each special assessment will be included on tax rolls for taxes payable in the
year 2032;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
MINNESOTA that The proper City officers and agents are authorized and directed to
proceed with the Extension Project and to take any and all additional steps and actions
necessary or convenient in order to accomplish same.
BE IT FURTHER RESOLVED by the Common Council of the City of Rochester that The
Mayor and City Clerk are authorized and directed to execute the Agreements, and to
execute all appropriate documents and additional agreements to effectuate and implement
the approvals contemplated by this Resolution.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2026.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF ,2026.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
EXHIBIT A
Legal Description of Pulte Property
Those parts of the Southwest Quarter of the Northeast Quarter; and the East Half of the
Northeast Quarter, all in Section 6; and the West 110 acres of the Northwest Quarter of Section
5; all in Township 106 North, Range 14 West, Olmsted County, Minnesota; and the Southwest
Quarter of the Southwest Quarter of Section 32, Township 107 North, Range 14 West, said
county, described as follows:
Commencing at the East Quarter Corner of said Section 6; thence South 89 degrees 56 minutes
53 seconds West, assumed bearing along the east-west quarter line of said Section 6, a distance
of 1939.27 feet; thence North 00 degrees 15 minutes 19 seconds West 435.27 feet to a line
hereinafter referred to as “Line B”, and the point of beginning; thence North 49 degrees 43
minutes 35 seconds East 163.75 feet to an angle point in said “Line B”; thence continuing
northeasterly, easterly, and southeasterly, along said “Line B” to the point of terminus of said
“Line B”; thence South 72 degrees 09 minutes 10 seconds East 95.87 feet to the east line of said
West 110 acres of the Northwest Quarter of Section 5; thence North 00 degrees 11 minutes 56
seconds East, along said east line of the West 110 acres, a distance of 1615.98 feet to the north
line of said Northwest Quarter of Section 5; thence South 89 degrees 30 minutes 44 seconds
West, along said north line of the Northwest Quarter of Section 5, a distance of 484.47 feet to the
east line of said Southwest Quarter of the Southwest Quarter of Section 32; thence North 00
degrees 45 minutes 24 seconds West, along said east line of the Southwest Quarter of the
Southwest Quarter of Section 32, a distance of 4.88 feet to the centerline of Country Club Road
West (also known as County Road 34); thence northwesterly 562.79 feet along said centerline of
Country Club Road West, along a non-tangential curve concave to the northeast, having a radius
of 1206.57 feet, a central angle of 26 degrees 43 minutes 29 seconds, and a chord bearing North
70 degrees 56 minutes 36 seconds West; thence North 57 degrees 34 minutes 52 seconds West,
along said centerline of Country Club Road West and tangent to last described curve, 523.70
feet; thence northwesterly 378.62 feet along said centerline of Country Club Road West, along a
tangential curve concave to the southwest, having a radius of 1146.28 feet and a central angle of
18 degrees 55 minutes 30 seconds, to the west line of said Southwest Quarter of the Southwest
Quarter of Section 32; thence South 00 degrees 28 minutes 59 seconds East 625.91 feet to the
southwest corner of said Southwest Quarter of the Southwest Quarter of Section 32; thence
South 34 degrees 43 minutes 38 seconds West 629.27 feet; thence South 00 degrees 56 minutes
03 seconds West 525.00 feet; thence South 74 degrees 10 minutes 38 seconds West 999.61 feet
to the northeast corner of said Southwest Quarter of the Northeast Quarter of Section 6; thence
South 89 degrees 44 minutes 42 seconds West, along the north line of said Southwest Quarter of
the Northeast Quarter of Section 6, a distance of 659.33 feet to a line that bears North 00 degrees
15 minutes 19 seconds West from the point of beginning; thence South 00 degrees 15 minutes 19
seconds East 883.14 feet to the point of beginning.
Line B
Commencing at the East Quarter Corner of said Section 6; thence South 89 degrees 56 minutes
53 seconds West, assumed bearing along the east-west quarter line of said Section 6, a distance
of 2342.68 feet to the point of beginning; thence North 36 degrees 24 minutes 14 seconds East
142.16 feet; thence North 40 degrees 38 minutes 34 seconds East 206.46 feet; thence North 45
degrees 19 minutes 52 seconds East 97.91 feet; thence North 49 degrees 43 minutes 35 seconds
East 311.85 feet; thence North 56 degrees 51 minutes 14 seconds East 271.12 feet; thence North
66 degrees 05 minutes 40 seconds East 204.76 feet; thence North 73 degrees 06 minutes 49
seconds East 369.77 feet; thence North 69 degrees 38 minutes 13 seconds East 94.10 feet; thence
North 67 degrees 05 minutes 39 seconds East 21.02 feet; thence North 79 degrees 30 minutes 42
seconds East 285.86 feet; thence North 82 degrees 56 minutes 49 seconds East 164.91 feet;
thence North 87 degrees 51 minutes 49 seconds East 111.87 feet; thence South 82 degrees 07
minutes 01 seconds East 62.98 feet; thence North 86 degrees 55 minutes 58 seconds East 39.17
feet; thence North 56 degrees 45 minutes 40 seconds East 62.83 feet; thence North 62 degrees 38
minutes 06 seconds East 107.77 feet; thence North 61 degrees 06 minutes 06 seconds East
118.38 feet; thence North 65 degrees 50 minutes 26 seconds East 142.18 feet; thence North 73
degrees 52 minutes 33 seconds East 256.66 feet; thence North 86 degrees 36 minutes 03 seconds
East 334.60 feet; thence North 86 degrees 36 minutes 08 seconds East 383.52 feet; thence South
89 degrees 13 minutes 54 seconds East 145.82 feet; thence South 75 degrees 20 minutes 46
seconds East 315.43 feet; thence South 60 degrees 00 minutes 44 seconds East 247.12 feet;
thence South 22 degrees 42 minutes 02 seconds East 36.69 feet to the westerly right of way line
of said 45th Avenue Southwest, and said line there terminating.
EXHIBIT B
Legal Description of ML Group Property
That part of the North Half of the Northeast Quarter and that part of the Northeast Quarter of the
Northwest Quarter of Section 5, Township 106 North, Range 14 West, Olmsted County,
Minnesota, according to the records of Olmsted County, and identified as Parcel Identification
Number 640512082183, described as follows:
Commencing at the southeast corner of the Northwest Quarter of said Section 5;
thence North 00°31′01″ West, along the east line of said Northwest Quarter, 1,079.70 feet to the
northeast corner of Horihan’s First Subdivision; thence South 88°41′07″ West, 633.46 feet;
thence South 00°33′43″ East, 154.40 feet; thence South 79°40′58″ West, 194.56 feet; thence
North 00°31′02″ West, 421.94 feet to the north line of the Southeast Quarter of the Northwest
Quarter, being the point of beginning; thence North 88°30′37″ East, along said north line, 825.12
feet to the northeast corner of the Southeast Quarter of the Northwest Quarter; thence North
88°25′35″ East, along the north line of the Southwest Quarter of the Northeast Quarter, 263.05
feet; thence North 67°40′55″ East, 1,339.62 feet; thence North 38°46′01″ East, 265.99 feet to the
southerly right-of-way line of County State Aid Highway No. 34; thence North 03°39′37″ East,
50.00 feet to the centerline of said County State Aid Highway No. 34;thence westerly 28.51 feet
along a nontangential curve concave northerly, having a central angle of 01°17′03″, a radius of
1,272.12 feet, and a chord bearing North 85°41′52″ West, 28.51 feet; thence North 85°03′20″
West, tangent to said curve, 901.30 feet; thence northwesterly 490.95 feet along a tangential
curve concave northerly, having a central angle of 24°32′52″, a radius of 1,145.90 feet, and a
chord bearing North 72°46′54″ West, 487.20 feet; thence North 60°30′28″ West, tangent to said
curve, 18.23 feet; thence South 88°34′02″ West, 1,098.56 feet to a line bearing North 00°31′02″
West from the point of beginning; thence South 00°31′02″ East, 1,000.26 feet to the point of
beginning.