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Home My WebLink AboutOrdinance No. 4254 - Second Reading: Annex 80.13 Acres of Land ORDINANCE NO. _____________ AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER APPROXIMATELY 40.06 ACRES OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 106 NORTH, RANGE 14 WEST, OLMSTED COUNTY, MINNESOTA, AND APPROXIMATELY 40.07 ACRES OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 106 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 Southeast Quarter of the Southeast Quarter of Section 28, Township 106 North, Range 14 West, Olmsted County, Minnesota, containing 40.06 acres, subject to township road easement along the north side and subject to any other easements of record, And The Northeast Quarter of the Northeast Quarter of Section 33, Township 106 North, Range 14 West, Olmsted County, Minnesota, containing 40.07 acres, subject to any easements of record. Containing 80.13 acres, more or less. Section 2. The total quantity of land included in the petition is approximately 80.13 acres in size. Section 3. On July 6, 2016, 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 Rochester Township officers, and the adjacent property owners. 1 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. 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 Rochester 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.2016-002 3 8!IpthlhItCE Nwltd�51 . AN ofl�lttl NCL Ka NSI t 1`k1L dllwy �k N4 d' n qu�rNl tI I�Nr tlN A Iu Y IEI IpG11 tT1MIN Y�Grukl1i ilw X�FII]AVIT OF PUBLICATION ItrrA1" hGP�T,� , itl �arrt� ole 1i NG dt��1 il�t- 1"GIi� 111 TGwNlfil NtMog"- p, d 11'lGafill1, la � N ,� State of Minnesota County of Olmsted Ir1r� r u tlsl° it � Nrrl� r5�1 ( N �lwumslrl��IIG��- rGitl��Gi A1��N. 4�� U��JC Low• r�rY1N�aG hGH GY7� GISGr�vl � e, �A�I l it ISL N OtGnII Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized 7M PN,I'altt�Rt�M° t rli alp, I Giga Ga fgd NG�lt TtG 91 liGtll*v agent and employee of the publisher of the newspaper known as the Post- o r0rof t' iGuICrN1N I Bulletin, and has full knowledge of the facts which are stated below: 4rrNtYMtl14�1rG g M � NIh Vg1YYGiI I Y tory n � A news p q gG� �G1IGaary Y1i��"�Yt�, ( ) The paper has complied with all the requirements constituting� ,CLa pr�t1 ,Nd. qualifcations as a legal newspaper, as provided by Minnesota Statute �GGt111N1r1� 4� �Ir� raNPN�tuUtttM�`-,r��1G�MN�i� a IG ,atJ. I 01 331A.02, 331A.07 and other applicable laws, as amended. 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