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HomeMy WebLinkAboutOrdinance No. 4234 - Annex39.32Acres ORDINANCE NO. _____________ AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER APPROXIMATELY 39.32 ACRES OF LAND LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 107 NORTH, RANGE 14 WEST, OLMSTED COUNTY, MINNESOTA. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. A petition has been filed with the Common Council of the City of Rochester, signed by the applicant requesting the Common Council to annex said land to the City of Rochester. The land described in the petition for annexation is described as follows: The Northwest Quarter (NW ¼) of the Northeast Quarter (NE ¼) of Section 8, Township 107 North, Range 14 West, less the following described parcel: That part of the northwest Quarter of the Northeast Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, described as follows: Commencing at the northwest corner of said Quarter Quarter Section; thence South 01 degree 01 minute 29 seconds West, assumed bearing along the west line thereof, 1316.39 feet to the southwest corner of said Quarter Quarter Section; thence South 89 degrees 27 minutes 45 seconds East, along the south line of said Quarter Quarter Section, 210.00 feet for the point of beginning; thence continue South 89 degrees 27 minutes 45 seconds East, along said south line, 120.00 feet; thence North 01 degree 01 minute 29 seconds East, 150.00 feet; thence North 89 degrees 27 minutes 45 seconds West, 120.00 feet; thence South 01 degree 01 minute 29 seconds West, 150.00 feet to the point of beginning. Containing 39.32 acres, more or less. Section 2. The total quantity of land included in the petition is approximately 39.32 acres 1 in size. Section 3. On February 1, 2015, the Common Council held a public hearing to consider this annexation petition after providing written notice of the hearing, by certified mail, to the property owners, the Cascade Township officers, and the adjacent property owners. Section 4. The City provided notification to the petitioners pursuant to Minn. Stat. §414.033, subd. 2b, 11, 12 and 13 if applicable to this petitioned annexation. Section 5. Following the public hearing, the Common Council of the City of Rochester determined that the land abuts the municipality and the area to be annexed is 120 acres or less, and the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available, and the municipality has received a petition for annexation from all the property owners of the land and, as such, the land is or will soon become urban or suburban in character. Section 6. As provided in Minn. Stat. §414.036, the City shall pay the Township the equivalent of three years’ taxes in two years. There are no township special assessments assigned to or portion of township debt attributable to the land described in Section 1. Section 7. As provided in Minn. Stat. §414.033, subd. 13, the City has provided notice to the petitioner as to the potential electric utility service rate changes. Section 8. Therefore, pursuant to Minn. Stat. §414.033, subd. 2(3), the land described in Section 1 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 1 above will be zoned R-1x. 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 Town Clerk, the County Auditor and the Secretary of State. 2 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2016. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2016. __________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15\\Annex.2015-005 3 ORDINANCE N0,4234 AN ORDINANCE ANNEX- ING TO THE CfTI" OF ROCHESTER APPROXI- Seofion 0. As provided In MATELY 39.32 ACRES j Minn, Stat. §414.030;the OF LAND LOCATED iN A i Clay shall pay the Town- PART OF THE NORTH- _,___._._ _ ship the equivalent of WEST QUARTER OFA i TIONthroe years' taxes In tuna THE NORTHEAST QUAR-i 1✓ ICA y ears, There are no town- TER OF SECTION 8, ship special assessments TOWNSHIP 107 NORTH, _ � � atssigned to of portion ofRANGE T , - ownship debt attributableSTED COUNTY, iMJNNE- State of Minnesota, County ofVlmsted to the land described in SOTA, Section 1, THE COMMON COUNCIL Section 7. As provided OF THE CITY of Rf CId- Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized in Minn, stet. §414,033, ESTER DO ORDAIN: subd. 13,Iho City bes pro section 1. A petition has agent and employee of the publisher of the newspaper known as the Post- vided notice to the pets- 1 been filed with the care Bulletin, and has full knowled e of the facts which are stated below: honer as to the patent! neon Coune(l of the City of g elec;hic utility service,ante Rochester, signed by the changes.of Rochester request Section 3. Therefore, Ing the Common Council to (A) The newspaper has complied)with all the requirements constituting pursuant to Minn. Stat. oflRoches ear,Tho land de- qualifications as a legal newspaper, as provided b Minnesota Statute §414.03x, srrbd. Sect, the gp' wand described in Section 1 annexo the scribal for 331A.02, 331A..g7 and other applicable laws, as amended. above Is hereby annexed, annexation ton(s described as added to and made a pan follows; of lite Clty of Rochester; The Northwest Quarter t Minnesota,as it had origi- NW III i of the Northeast (B) The printed notice nally been a part thereof Carter NE 114)of Seciion Section 9. Present and n- 6, Township 107 North, lure owners, of the lands Range 14 sct, less the following described parcel; p Which is attached was cut from thenewspaper, anwas icolumns of said news a d annexed by this ordinance described are hereby notifted that That part of the north- printed and published I time(s), it was printed and published on the following in addition to the usual west Quarter of the North- assessments, 1t is the in- east quarter of Section dates: tendon of the Common 6, Township 107 North, Council to assess a ainst Range 14 West, Olmsted PB 02/26/20`i6 benefited property all or a County, Minnesota, ria � � portion of alae•cost of any scribed as follows. storm sewer, water tow- Commencing at the north• er, pumping ;lotion, and west corner of said Quar trunk line sanitary sewer ler Quarter section;thence Printed below is a copy of the lower case 'alphabet from a to z, both inclusive, conshuctino, herelofore South 01 degree 01 min- g or hereafter undertaken to 1 29 seconds West, as- which is hereby acknowledged', asbeing the size and kind of type used in the serve the area annexed, sumed bearing alaeg the Section t0. Upon annexa- west line thereof,1310,39 composition and publication of the notice: tion the land described In feet la the southwest cor. Section i above will be ner of said Quarter Quarter Zoned R-I x, Section; thence South 89 abcderghijklannop grstuvwxyz Section 11.This ordinance degrees27minutes 45see. I�CST-BLtlLLETII C)Mf AC 11'L.L.C. shall take effect and be in Dads East,along the south �, farce from and after Its of-Iineof said Quarter Quarter ��W':,. f ^", „ �",, ,.. ficial publication and Isom Section,210,00 feet for the ' and after the filing of a our- polnC of beginning; thence i titled ropy horeof with the 27Ylkmin South f19 degrees TITLE: Media Inside Sales Manager Mirtn�scala Department of E . alongutes said seconds Administralicn- Murdcipaw East, along said south Boundary Adpuslinents,the line, 120.00 feet, thence Cascade Town"Clerk, the North 01 degree Of minute Subscribe and sworn to me on � JEAN B�BLl"� County Auditor and the 29 seconds East, 150,00 Secretary of State, feet; thence North 89 de- This day of � 20� 14 � NOTARY PUBLIC•MINNESOTA PASSED AND, AiDOPT- grees 27 minutes 45 sec- ED BY THE COMMON onds West,120,00 feet„ xa, My Conim,Exp!,dan.31,2020 COUNCIL OF TIME CITY thence South 01 degree 01 OF tap ROCHESTER, MIN- minute 29 seconds West, I ry Pub11c NESOTA, THIS 17111 LAY .00 150feet to the point of � � OF February,2916. berainnincl, Containing (RATE INFORMATION M/Flat) Stauor 39:32 sores; more or toss i PftEMDENT r F SAID Section 2.The total quan- 1) Lowest classified rate paid by commercial user $21.95 COMMON COUNCIL tity of Land included In the ATTEST; For comparable space Aper inch/per da /dis Ia rate petition is approximately P y P Y ) /S/Apron S.Reeves 39,32 acres in size. CITY CLERK Section 3, 0t1'February 1, APPROVED THIS 24th 2p15, the Common Coun- 2) Publication Fee $379.44 DAY OF February,2016. CHI field a farabllc hearing /Si Ardelf F.Brede to consider this annexa- MAYOR lion Petition after providing !seat of the City of written notice of the hear- Ad##163146,ORDINANCE NO.4234 AN ORDINANCE,ANNE achesier,Minnesota) ing,by certified mail,to the (2,+26)1 property owners, the Cas- i _. Cade Township officers, — arid the adjacent property owners, Suction C The City pro- vlded notification to the pe- titioners pursuant to Minn. Slat. §414.033, subd.2b„ 11, 12 and 13 If applicable to this petitioned annexa- tion„ Section 5. Following the public hearing, tate Cram- nion Council of the City of Rochester determined that tato land abuts the rnuniic-1 palilyl and 11 ie area to hean- nexed is 120 acres or less, and the area to be annexed 1 Is not presetserved by public wastewaler laciliogs or publlc wastewater fac!i : Iles are not otherwise avail- able, and the municipal- ity has received a ,petition for annexation frorn all the proforty owners of the land an ,as such,the land is or will soon become urban or suburban in character.