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HomeMy WebLinkAbout1146 Ord (CPC Case No. 2020-10 Annexation of property located at SE corner of Manning Avenue and Highway 36)ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA ANNEXING LAND LOCATED IN STILLWATER TOWNSHIP, WASHINGTON COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES §414.033 SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE WHEREAS, a petition signed by all the property owners, requesting that property legally described herein be annexed to the City of Stillwater, Minnesota, was duly presented to the Council of the City of Stillwater on the 4th day of August, 2020; and WHEREAS, said property is unincorporated and abuts the City of Stillwater on its southern boundary; is less than 120 acres; is not presently served by public sewer facilities or public sewer facilities are not otherwise available; and WHEREAS, said property is not located within a flood plain or shoreland area; and WHEREAS, said property is currently farmland or fallow fields and annexation is requested to facilitate the extension of city services for the urban development of the property; and WHEREAS, the City of Stillwater held a public hearing pursuant to Minnesota Statutes § 414.033 Subd. 2b, on August 4, 2020, following thirty (30) days written notice by certified mail to the Town of Stillwater, the Cities of Grant, Oak Park Heights and Lake Elmo and to all landowners within and contiguous to the area legally described herein to be annexed; and WHEREAS, provisions of Minnesota Statutes § 414.033 Subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STILLWATER HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the property as hereinafter described abuts the city limits and is or is about to become urban in nature in that commercial and high density residential uses are being proposed for said property the construction of which requires or will need city services, including public sewer facilities. 2. None of the property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute § 414.0325. 3. The corporate limits of the City of Stillwater, Minnesota, are hereby extended to include the following described property, said land abutting the City of Stillwater and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and the City having received a petition for annexation from all the property owners of the land, to wit: All that part of the Northwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right-of-way line of Minnesota Trunk Highway No. 36 according to the Final Certificate recorded as Document Number 242072 in Book of Deeds 275, page 497 on file in the office of the County Recorder, Washington County, Minnesota; Together with all that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter, thence North 0 degrees 25 minutes 42 seconds West, assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter, for a distance of 969.67 feet to the point of beginning of the line to be described; thence South 86 degrees 36 minutes 18 seconds East for a distance of 1120.70 feet more or less to the East line of said Southwest Quarter of the Northwest Quarter and said line there terminating, EXCEPTING THEREFROM all that portion of said Southwest Quarter of the Northwest Quarter lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6 and shown on the plat of St. Croix's Sanctuary, according to the recorded plat thereof on file in the office of the County Recorder, Washington County, Minnesota. The above described property consists of a total of 35.3 acres, more or less. Copies of the corporate boundary map showing the property to be annexed and its relationship to the corporate boundaries and all appropriate plat maps are attached hereto. 4. That the population of the area legally described herein and hereby annexed is zero. 5. That the City Clerk of the City of Stillwater is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Washington County Auditor, and the Stillwater Township Clerk. 6. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. PASSED AND ADOPTED by the City Council of the City of Stillwater, Minnesota, this%gday of August, 2020. ayor (City Seal) Municipal Boundary Adiustment Unit Contact Star Holman star. holman(astale.nnn,us 651-361-7909 (July 2019) iliwater THE BIRTHPLACE OF MINNESOTA CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) I, Beth Wolf, City Clerk of the City Of Stillwater do hereby certify that the foregoing is a true and correct copy of ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA ANNEXING LAND LOCATED IN STILLWATER TOWNSHIP, WASHINGTON COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES §414.033 SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE, adopted by the City of Stillwater City Council, at a meeting held, according to law, at Stillwater, Minnesota, on the 18th day of August, 2020 as the same appears on file and of record in the offices of the City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Stillwater, this 18th day of August, 2020. (-06e A5'1,2!7f4 Beth Wolf, City Clerk CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/21/2020 and the last insertion being on 08/21/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 08/21/2020 by Diane Erickson. Notary Public DARLENE MARIE MACPHERSON Notary Public Minnesota ,, {,•' My ClhnmiNiwl Expires January 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA ANNEXING LAND LOCATED IN STILLWATER TOWNSHIP, WASHINGTON COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES §414.033 SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE WHEREAS, a petition signed by all the property owners, requesting that property legally described herein be annexed to the City of Stillwater, Min- nesota, was duly presented to the Council of the City of Stillwater on the 4th day of August, 2020; and WHEREAS, said property is unincorporated and abuts the City of Still- water on its southern boundary; is less than 120 acres; is not presently served by public sewer facilities or public sewer facilities are not otherwise available; and WHEREAS, said property is not located within a flood plain or shoreland area; and WHEREAS, said property is currently farmland or fallow fields and an- nexation is requested to facilitate the extension of city services for the urban development of the property; and WHEREAS, the City of Stillwater held a public hearing pursuant to Min- nesota Statutes § 414.033 Subd. 2b, on August 4, 2020, following thirty (30) days written notice by certified mail to the Town of Stillwater, the Cities of Grant, Oak Park Heights and Lake Elmo and to all landowners within and contiguous to the area legally described herein to be annexed; and WHEREAS, provisions of Minnesota Statutes § 414.033 Subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STILLWA- TER HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the property as hereinafter described abuts the city limits and is or is about to become urban in nature in that commercial and high density residential uses are being proposed for said property the construction of which requires or will need city ser- vices, including public sewer facilities. 2. None of the property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute § 414.0325. 3. The corporate limits of the City of Stillwater, Minnesota, are hereby extended to include the following described property, said land abutting the City of Stillwater and being 120 acres or less in area, and is not pres- ently served by public sewer facilities or public sewer facilities are not oth- erwise available, and the City having received a petition for annexation from all the property owners of the land, to wit: All that part of the Northwest Quarter of the Northwest Quarter of Sec- tion 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right-of-way line of Minnesota Trunk Highway No. 36 according to the Final Certificate recorded as Document Number 242072 in Book of Deeds 275, page 497 on file in the office of the County Recorder, Wash- ington County, Minnesota; Together with all that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter, thence North 0 degrees 25 minutes 42 seconds West, assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter, for a distance of 969.67 feet to the point of beginning of the lira: to be described; thence South 66 degrees 36 minutes 18 sec- onds East for a distance of 1120.70 feet more or less to the East line of said Southwest Quarter of the Northwest Quarter and said line there termi- nating, EXCEPTING THEREFROM all that portion of said Southwest Quar- ter of the Northwest Quarter lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6 and shown on the plat of St. Croix's Sanctuary, according to the recorded plat thereof on file in the office of the County Recorder, Washington County, Minnesota. The above described property consists of a total of 35.3 acres, more or less. Copies of the corporate boundary map showing the property to be annexed and its relationship to the corporate boundaries and all appropri- ate plat maps are attached hereto. 4. That the population of the area legally described herein and hereby annexed is zero. 5. That the City Clerk of the City of Stillwater is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minneso- ta Secretary of State, the Washington County Auditor, and the Stillwater Township Clerk. 6. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. PASSED AND ADOPTED by the City Council of the City of Stillwater, Ad ID 1069294 Minnesota, this 18th day of August, 2020. CITY OF STILLWATER /s/ Ted Kozlowski Mayor ATTEST /s/ Beth Wolf City Clerk Published in the Stillwater Gazette August 21, 2020 1069294 LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW Established in 1929 August 28, 2020 Star Homan, MBAU Administrator Office of Administrative Hearings P.O. Box 64620 St. Paul, MN 55164 Re: Annexation of 35.3 Acres from Stillwater Township Dear Ms. Holman: TIMOTHY J. KUNTZ DANIEL J. BEESON ANGELA M. LUTZ AMANN KORINE L. LAND DONALD L. HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M.LUCAS TONA T. DOVE AARON S. PRICE DAVID L. SIENKO CASSANDRA C. WOLFGRAM CASSANDRA J. BAUTISTA AMANDA J. JOHNSON Pursuant to Minnesota Statutes § 414.036, with respect to the property taxes payable on the area to be annexed as contained in the Annexation Ordinance dated August 18, 2020, the City of Stillwater shall make cash payments to Stillwater Township totaling $8,271.48, payable in four payments of $2,067.87 over a period of two years. If additional information is required, please contact me at 651-451-1831. Very truly yours, Korine L. Land KLLlmas 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA S5075 • 651-451-18 31 • FAX 651-450-7384 OFFICE ALSO LOCATED INWISCONSIN• WWW.LEVANDER. COM