HomeMy WebLinkAbout2013-135C RESOLUTION NO. 2013-135C
A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER
PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF
STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996
CASE NO. 2013-21
WHEREAS, Midwest Real Estate Management, Greg Wallace, and Bill Krech
have petitioned that land owned by Greg Wallace and Bill Krech in the Town of
Stillwater(collectively, "the land") described in Exhibit A, as depicted on the maps in
Exhibit B, be annexed to the City pursuant to the provisions of the Joint Resolutions as to
Orderly Annexation of the City and Town of Stillwater, dated August 16, 1996; and
WHEREAS, the Land is included within Phase IV of the area designated for
orderly annexation; and
WHEREAS, Section 3.05 of the Orderly Annexation Agreement identifies the
Land as Phase IV property; and
WHEREAS, Section 4.05 of the Orderly Annexation Agreement provides that
Phase IV land may be annexed to the City any time after January 1, 2015; and
WHEREAS, Section 4.09 of the Orderly Annexation Agreement provides that
Phase IV land may be annexed to the City before January 1, 2015 if the annexation is
petitioned for by 100% of the owners of the property to be annexed, and if the resulting
annexation will not create a level of growth that exceeds one hundred twenty dwelling
units per year and the if the property to be annexed is adjacent to property already located
within the City of Stillwater; and
WHEREAS, the petitioned annexation satisfies all the criteria listed in Section
4.09 of the Orderly Annexation Agreement; and
WHEREAS, the Joint Planning Board approved the annexation petition at a
public hearing conducted by it on May 16, 2013; and
WHEREAS, it appears to the City Council that the annexation does not conflict,
in any way, with the Joint Resolution Agreement of the City and Town of Stillwater,
relating to orderly annexation dated August 16, 1996.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater as follows:
1. That this Resolution be submitted, forthwith, by the City Clerk to the Executive
Director of the Minnesota Municipal Board for the purpose of annexing the Land
described in Exhibit A to the City of Stillwater, all as provided by Subdivision 1
of Section 414.0325 of the Minnesota Statutes relating to orderly annexations
within a designated area.
2. For the purpose of this annexation proceeding, the City Council of the City of
Stillwater hereby determines that the Land described in Exhibit A is now or about
to become urban and the City is capable of providing the services required by the
area within a reasonable time. It is further determined that the annexation to the
City would be in the best interests of the Land.
3. After the annexation, the real estate taxes, if any, with respect to the Land will be
divided as provided by Section 7.03 of the Joint Resolution.
BE IT FURTHER RESOLVED, that a map with the Land proposed for
annexation designated thereon and marked as Exhibit B to this Resolution be submitted
to the Minnesota Municipal Board along with a certified copy of this Resolution.
BE IT FURTHER RESOLVED, that the City Clerk submit copies of this
Resolution with copies of the map to the Town Board of the Town of Stillwater and the
Joint Powers Committee.
Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August,
2013.
CITY OF STILLWATER
Michael Polehna, Vice Mayor
ATTEST:
%/(4X-e-*
Diane F. Ward, Clerk
EXHIBIT A
All that part of the Northeast Quarter of the Southwest Quarter of Section(19)Nineteen,Township Thirty
(30)North, Range Twenty(20)West,described as follows:
Commencing at the Northwest corner of said quarter-quarter;thence east along the north line of said
quarter-quarter for Forty(40)feet;thence South and parallel with the west line of said Northeast Quarter of
Southwest Quarter for One hundred thirteen and six-tenths(113.6)feet to its intersection with the southerly
right-of-way line of the Northern Pacific Railroad Company,which is the point of beginning of this
description:thence continuing South along said parallel line drawn Forty(40)feet East of the West line of
said Northeast Quarter of Southwest Quarter for Six hundred twenty-six and one-tenth(626.1)feet; thence
East and parallel with said southerly right-of-way line of the Northern Pacific Railroad Company for Four
hundred seventeen and four-tenths(417.4)feet;thence North and parallel with the west line of said
Northeast Quarter of Southwest Quarter for Six hundred twenty-six and one-tenth(626.1)feet to the
southerly right-of-way line of the Northern Pacific Railroad Company;thence west along said southerly right-
of-way line of said railroad company for Four hundred seventeen and four-tenths(417.4)feet to the point of
beginning.
•
{
{
1
EXHIBIT B
"vitillOWgill NM Ma IMIP■111
I ale
, '''' 0 1.' ' ' . .- tilr://erf,94W PIMI
910 I
11.411117' ''' MUM II •
i 1
le ME . •,
12220
T.
P II III
'2350 'i�z
S
$ . 1 ��`,s��> g189 n -0
��s � L' � �t _ Luau
!■\ �,a9 J 323692 0
Jf11 t ,:3,3 22, 32o5 3,30.
3.,.
n iJS .90 6 Mill 3,J , 3f J % 31:;.
3>5�,, J G 3
3
jj-,
33123 s"Z6 N 30 ,,,:43.
3tt9 JAS J' „ ,, n
S �M.
'31t 'b ,3126
10111 ,'� `.t O : 3124
S dpi A 3120
k 6 ` ice 3116
311
..,.L. i'
it , off
�_. 29q 2,9Cp,.
...
1
•
. ii. ; 2905 290D
196 299..,..„
p'
11E. ,emu.
25
71 4 P�
■ .P 06 , 116'
2)35 i
2i31i
/" 2>W
f „s vim,
it, �5 �D ti 4
. Apra 2565 2_03
E. ItlBO 1926
I7_® 11111_11_ IIICI --- 3
C3 v v n m m m n n < „ A i 0 0 0 „ _, Jp > > N _, O
$ 11i,.° 5 A D A 6, V '0 m D 0 0 n x = A A D . . m D : tC
5. '3305 O o ' o h c' o < x A n m , D ., 3 s
o ' S m m m c3 g m = c < z g ; m iv om
g x > - m � - � g � ng3 s_ � � - � � 83mpo¢ om = maw wT x j a V a m p 3 E n g w 31 A `� ro I. w a , v v - 3 3 $ m a B Q 'm mL^ °. A m F o
i�anvp,
MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS
600 North Robert Street
Saint Paul, Minnesota 55101
Mailing Address: Voice: (651) 361-7900
P.O. Box 64620 TTY: (651) 361-7878
St. Paul, Minnesota 55164-0620 Fax: (651) 361-7936
September 6, 2013
David T. Magnuson VIA E-MAIL
Stillwater City Attorney (dtma ng uson(a�magnusonlawfirm.com)
324 South Main Street, Suite #260
Stillwater, MN 55082-5165
Re: OA -438-21 Stillwater/Stillwater Township
(City Resolution No. 2013-135C; Wallace/Krech Property; 6 acres)
Dear Mr. Magnuson:
The Office of Administrative Hearings acknowledges receipt of the city resolution for orderly
annexation between the City of Stillwater and Stillwater Township. Please refer to the above -
referenced docket number in any future correspondence relating to this proceeding.
This matter has been scheduled for review. If you have any questions, please contact this office.
Sincerely,
.�- A-lAa"
Starlene J. Holman
State Program Administrator, Senior
Municipal Boundary Adjustment Unit
star.holmannstate.mn.us
651-361-7909
SJH
c: Diane Ward, City Cleric (dward(kci.stillwater.mn.us)
Kathy Schmoeckel, Township Clerk(kathy.schmoeckelgstillwatertownship.com)