HomeMy WebLinkAbout19-135CITY OF LAKEVILLE
(Resolution No. 1 9-1 31
EUREKA TOWNSHIP
(Resolution No.2o19-09
JOINT RESOLUTION ESTABLISHING AN ORDERLY ANNEXATION
AGREEMENT BETWEEN THE CITY OF LAKEVILLE AND EUREKA TOWNSHIP
PURSUANT TO MINNESOTA STATUTES, SECTION 414.0325 TO PROVIDE FOR THE
IMMEDIATE ANNEXATION OF CERTAIN PROPERTY
WHEREAS, the City of Lakeville, Dakota County, Minnesota ("City") and Eureka
Township, Dakota County, Minnesota ("Township") both desire to accommodate growth in a
cooperative, planned, and orderly fashion; and
WHEREAS, the City and Township are in agreement as to the orderly annexation of the
unincorporated land described herein, and both determine such annexation will be to their benefit
and to the benefit of their respective residents; and
WHEREAS, Minnesota Statutes, section 414.0325 provides a procedure whereby the City
and the Township may agree on a process of orderly annexation of a designated area; and
WHEREAS, the City and the Township are in agreement as to the immediate annexation
of the designated area in accordance with the provisions of this orderly annexation agreement
("Agreement") in order to promote orderly and planned growth at Airlake Airport; and
WHEREAS, since the City is capable of providing services to this area within a reasonable
time, the annexation would be in the best interest of the area; and
WHEREAS, the owners of the property have waived the electric utility service notice under
Minnesota Statutes, section 414.0325, subdivision la as the provider of such service will not change
as a result of the annexation; and
WHEREAS, the notice requirements prescribed by Minnesota Statutes, section 414.0325,
subdivision lb do not apply because the Agreement provides for the immediate annexation of the
designated property and all of the owners of the property have petitioned for the annexation; and
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WHEREAS, this Agreement sets out all of the terms and conditions for the annexation of
the property described within this document and the signatories hereto agree that no consideration
by the Chief Administrative Law Judge of the Office of Administrative Hearings is necessary.
NOW, THEREFORE, the City Council of the City of Lakeville and the Town Board of
Eureka Township hereby resolve and agree to the immediate annexation into the City of the
property herein described upon the following terms and conditions:
1. Designated Area. The unincorporated property designated for orderly annexation by this
Agreement consists of the land legally described in the attached Exhibit A and shown on
map attached hereto as Exhibit B ("Property").
2. Immediate Annexation. It is agreed that the Property be immediately annexed to the City.
Upon its adoption by both the City and the Township, the City shall file this Agreement
with the Chief Administrative Law Judge for processing and an order providing for the
immediate annexation of the Property pursuant to its terms. This City shall be responsible
for providing any additional information that may be required to accomplish the
annexation provided for herein.
3. Acreage/Population/Usage/Zoning.
a. The Property consists of approximately 165.38 acres.
b. The population of the Property is currently 0.
c. The Property is owned by Metropolitan Airports Commission, a public corporation of
the State of Minnesota, which signed a petition for this annexation as part of a desire to
provide city utility services to the Property.
d. The Property abuts the south boundary line of the main City limits and is not included
within any other municipality.
e. Upon annexation, the Property will be included in the City's rural/agricultural (RA)
zoning district, subject to an anticipated rezoning request by the petitioners.
4. Roads. This annexation will include annexation of a portion of an abutting Township road.
The City will be responsible for one-half of the width of that portion of 2251h Street
immediately abutting the Property to be annexed. The City and Township will enter into
a Joint Powers Agreement for maintenance of 225th Street abutting the Property and
property previously annexed to the City in 2018.
5. Jurisdiction. Pursuant to Minnesota Statutes, section 414.0325, the Township and the
City, upon passage of this joint resolution, confer jurisdiction upon the Chief
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Administrative Law Judge so as to accomplish orderly annexation in accordance with the
terms of this Agreement.
6. Taxation. The Township may continue to levy on the annexed area for 2019 and the City
may not levy in the annexed area until the following year. Differential taxation under M.S.
§414.035, or special assessment or debt reimbursement under M.S. §414.036 is not
required.
The City and Township hereby agree that the Order effecting the annexation shall reference
the obligation of the City to reimburse the Township for the lost taxes from the Property
as required by Minnesota Statutes § 414.036 as detailed in Exhibit C and that there are no
special assessments assigned by the Township to the Property, nor is there any debt
incurred by the Township attributable to the Property. City reimbursement to the
Township for each year shall occur on or before July 11 of the year in which the payment is
due.
7. Review and Comment. The City and the Township agree that upon receipt of this
Agreement, as passed and adopted by each party, the Chief Administrative Law Judge may
review and comment but shall, within 30 days, order the annexation in accordance with the
terms of this Agreement. The City and Township agree that no alteration of the stated
boundaries of the orderly annexation area as shown and described in the attached exhibits
is appropriate, that no consideration by the Chief Administrative Law Judge is necessary,
that all terms and conditions for annexation are provided for in this Agreement, and that
no alteration of the terms and conditions of this Agreement by the Chief Administrative
Law Judge is appropriate.
8. Costs Associated with the Orderly Annexation Agreement. Each party shall pay its own
costs incurred in the negotiation, development and implementation of this Agreement, with
the exception that the City shall pay for the recording and filing fees, and costs incurred to
make any needed corrections.
9. Entire Agreement. The terms, covenants, conditions, and provisions of this Agreement,
including Exhibits A and B, which are attached hereto and incorporated herein by reference,
shall constitute the entire agreement between the parties. No amendment to this Agreement
shall be effective unless mutually agreed to by the City and Township. Any prior joint
resolutions or agreements regarding all or any portion of the Property are superseded by,
and shall not interfere with or otherwise control, the terms of this Agreement.
10. Effective Date/Applicability. This Agreement is effective upon its adoption by the
respective governing bodies of both the Township and the City. The annexation of the
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Property shall be effective upon the issuance of the order by the Chief Administrative Law
Judge. This Agreement is only meant to apply to the Property and not to any other property
or area within the Township.
11. Adopt and Enforce Regulations. The City's zoning and subdivisions regulations shall
apply to the Property annexed pursuant to this Agreement upon the effective date of the
Chief Administrative Law Judge's order approving the annexation. Until such time as the
annexation is effective, the Property shall remain subject to the Township's ordinances and
regulations.
12. Authorization. The appropriate officers of the City and the Township are hereby
authorized to carry the terms of this Agreement into effect.
13. Governing Law. This Agreement is made pursuant to, and shall be construed in accordance
with, the laws of the State of Minnesota.
[signature pages to follow]
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Adopted by affirmative vote of the Eureka Town Board this tday of 2019.
EUREKA TOWNSHIP
By:
'P N 0m &u } Town Board Chair
Attest: '2Cuy - SQLl-�
S , U '3 , Town Board Clerk
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Adopted by affirmative vote of the City Council of the City of Lakeville, this 21 st day of
October , 2019.
CITY OF LAKEVILLE
By:��
Douglas P. Anderson, Its Mayor
And:
Charlene Friedges, Its City
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EXHIBIT A
Legal Description of the Property
Parcel 1
Beginning in the northwest corner of the NWI/4 of Section 4, Township 113, Range 20; thence
east along the north line for a distance of 1090.27 feet to the point of beginning of the parcel to be
described; thence S. 63° 09' 55" E. for a distance of 779 feet, more or less; thence N. 26° 50' 05" E.
for a distance of 404.79 feet to the intersecting north section line; thence west along the north line
back to the point of beginning.
Dakota County Parcel IDs affected:
13-00400-25-012
13-00400-25-018
13-00400-25-014
13-00400-25-016
13-00400-27-010
13-00400-27-020
.ii7
Parcel 2
Beginning in the northeast corner of the NWI/4 of Section 4, Township 113, Range 20; thence,
south along the east quarter line for a distance of 620 feet to the point of beginning of the parcel
to be described; thence west for a distance of 600 feet; thence north for a distance of 220 feet;
thence east for a distance of 156 feet more or less; thence on a line going S. 63°01'01" E. back to
the point of beginning;
Dakota County Parcel IDs affected:
13-00400-26-021
13-00400-26-011
AND
Parcel 3
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The NEI/ of Section 4, Township 113, Range 20, Dakota County, Minnesota except for the
following described parcel:
Beginning in the northwest corner of the NEI/ of Section 4, Township 113, Range 20; thence east
on the section line for 50 feet; thence south for 400.22 feet; thence N. 59°38'58" E. for a distance
of .42 feet more or less; thence S. 39°47'54" E. for a distance of 48.88 feet; thence S. 61°30'50" E.
for a distance of 22.14 feet; thence south for 224.48 feet; thence N. 63°01'01" W. to the west line
of the NEI/4; thence north on the west line of the NEI/4 back to the northwest corner of the NE'/4.
Dakota County Parcel IDs affected:
13-00400-03-011
13-00400-02-011
13-00400-01-010
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