HomeMy WebLinkAbout1044ORDINANCE NO. 1044
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE ANNEXING LAND LOCATED IN THE
TOWN OF EUREKA, DAKOTA COUNTY, MINNESOTA
PURSUANT TO MINNESOTA STATUTES § 414.033 SUBDIVISION 2(3),
PERMITTING ANNEXATION BY ORDINANCE
WHEREAS, a majority of the property owners of the lands described below have
petitioned the Lakeville City Council to annex this property to the City of Lakeville, pursuant to
Minnesota Statutes Section 414.033, subdivision 2(3); and
WHEREAS, the property is unincorporated and abuts the City of Lakeville on its
southerly boundary; is less than 120 acres; is not presently served by public sewer facilities or
public sewer facilities are not otherwise available, and
WHEREAS, the property is currently unimproved agricultural land and annexation is
requested to facilitate the extension of city services for the urban industrial development of the
property, and;
WHEREAS, the area of land proposed for annexation, in acres, is approximately 91.37
acres; and
WHEREAS, the City of Lakeville held a public hearing pursuant to Minnesota Statutes
§ 414.033 Subd. 2b, on May 3, 2021, following thirty (30) days written notice by certified mail
to the Town of Eureka 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 LAKEVILLE,
MINNESOTA HEREBY ORDAINS AS FOLLOWS:
1. The City Council hereby determines that the property as described herein abuts
the city limits and is or is about to become urban or suburban in nature in that urban industrial
use is being proposed for said property, the construction of which requires or will need city
services, including public sewer facilities.
215308v1
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 Lakeville, Minnesota, are hereby extended to
include the following described property, said land abutting the City of Lakeville and being 120
acres or less in area, which is not presently served by public sewer facilities or and for which
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:
That part of the Northeast Quarter of Section 6, Township 113 North, Range 20 West,
Dakota County, Minnesota described as follows:
Beginning at the Northwest corner of said Northeast Quarter of Section 6; thence
South 00 degrees 14 minutes 33 seconds East, an assumed bearing, along the west line
of said Northeast Quarter, a distance of 2150.51 feet, thence South 89 degrees 39
minutes 33 seconds East, along a line parallel with the south line of said Northeast
Quarter, a distance of 1131.47 feet; thence North 00 degrees 20 minutes 27 seconds
East, perpendicular to said south line, a distance of 500.00 feet, thence South 89
degrees 39 minutes 33 seconds East, along a line parallel with said south line of the
Northeast Quarter, a distance of 723.93 feet to the centerline of Dodd Boulevard,
thence North 10 degrees 57 minutes 25 seconds East, along said centerline of Dodd
Boulevard, a distance of 828.19 feet; thence continuing northeasterly 409.51 feet along
said centerline of Dodd Boulevard and along a tangential curve concave to the
southeast having a radius of 1850.00 feet and a central angle of 12 degrees 40 minutes
58 seconds; thence North 23 degrees 38 minutes 23 seconds East, tangent to said curve
and continuing along said centerline of Dodd Boulevard, a distance of 506.58 feet to
the north line of said Northeast Quarter, thence South 89 degrees 51 minutes 30
seconds West, along said north line of the Northeast Quarter, a distance of 2349.51 feet
to said point of beginning.
The above described property consists of approximately 91.37 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 hereby annexed is zero.
5. The City of Lakeville, pursuant to Minnesota Statutes § 414.036, shall provide
reimbursement to Eureka Township with respect to the property taxes payable on the area hereby
annexed, in the amount of One Thousand Ninety Dollars and Sixty -Eight Cents ($1,090.68)
equal to two years of Township taxes for the property to be annexed, payable in two annual
payment in accordance with the following schedule:
a. An amount equal to Five Hundred Forty -Five Dollars and Thirty -Four
Cents ($545.34) no later than December 31, 2022; and
215308v1 2
b. An amount equal to Five Hundred Forty -Five Dollars and Thirty -Four
Cents ($545.34) no later than December 31, 2023.
6. That pursuant to Minnesota Statutes § 414.036 with respect to any special
assessments assigned by the Town to the annexed property and any portion of debt incurred by
the Town prior to the annexation and attributable to the property to be annexed, but for which no
special assessments are outstanding, for the area annexed, there are no special assessments or
debt incurred by the Town on the subject are for which reimbursement is required.
7. That the City Clerk of the City of Lakeville is hereby authorized and directed to
file a copy of this Ordinance with the Chief Administrative Law Judge of the Minnesota Office
of Administrative Hearings, the Minnesota Secretary of State, the Dakota County Auditor, and
the Township Clerk.
8. That the Office of Administrative Hearings is hereby requested to issue its order
approving this annexation.
9. This ordinance shall be effective immediately upon its passage and publication,
and approval by the Office of Administrative Hearings, Boundary Adjustments, and State of
Minnesota.
ADOPTED this 17'h day of May 2021 by the City Council of the City of Lakeville,
Minnesota
CITY OF LAKEVILLE
BY:
Douglas . Anderson, Mayor
ATTEST:
Charlene Friedges, City
215308v1 3
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF DAKOTA
Diane Erickson being duly swom on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as;
STW Lakeville
with the known office of issue being located
in the county of:
DAKOTA ;
with additional circulation in the counties of.
SCOTT
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 05/21/2021 and the last
insertion being on 05/21/2021.
MORTGAGE FORECLOSURE NOTICES
Putrniant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notim: 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: C�"�
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/21/2021 by Diane Erickson.
Ndtaty Public
I
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$27.40 per column inch
Ad ID 1140006
CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
ORDINANCE NO. 1044
AN ORDINANCE
' ANNEXING LAND
LOCATED IN THE TOWN
OF EUREKA, DAKOTA
COUNTY, MINNESOTA
PURSUANT TO MINNESOTA
STATUTES 141&033
SUBDIVISION ,
PERMITTING ANNEXATION
BY ORDINANCE
WHEREAS, a majority of the
properly owners of the lands de-
scribed below have petitioned the
Lakeville City Council to annex this
property to the City of Lakeville,
pursuant to Minnesota Statutes
Section 414.033, subdivision 2(3);
and
WHEREAS, the property is un-
incorporated and abuts the City of
Lakeville on its southerly boundary;
Is less than 120 acres; is not pres-
ently served by public sewer facilh-
ties or public sewer facilities are rot
otherwise available, and
WHEREAS, the properly Is cur-
rently unimproved agHculbraf land
and annexation Is requested to
facilitate the extension of city ser-
vices for the urban Industrial devel-
opment of the property, and;
WHEREAS, the area of lend
proposed for annexation, in acres,
Is approximately 91.37 acme; and
WHEREAS, the City of lakov-
file held a public hearing pursuant
to Minnesota Statutes § 414.033
Subd. 2b, on May 3, 2021, folow-
ing thirty (30) days written notice by
certified mail to the Town of Eureka
and to all landowners within and
contiguous to the ersa legally de-
scribed herein to be annexed, and
WHEREAS, provisions of Min-
nesota Statutes § 414.033 Subd.
13 are not applicable in that there
will be no change in the electric
utility service provider remong
from the annexation of the territory
to the municipality.
NOW, THEREFORE, THE
CITY COUNCIL OF THE CITY OF
LAKEVILLE, MINNESOTA HERE-
BY ORDAINS AS FOLLOWS:
1. The City Council hereby de-
tormines that the properly as de-
scribed herein abuts the city limits
and Is or Is about to become urban
or suburban in nature in that urban
industrial use is being proposed
for said property, the construction
of which requires or will need city
services, Including pubic 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 annex-
ation pursuant to Minnesota Stat-
ute § 414.0325.
3. The corporate pipits of the
City of Lakeville, Minnesota, are
hereby extended to Include the
following described property, said
lard abutting the City of Lakev-
Nie and being 120 acres or less in
area, which Is not presently served
by public sewer faclilties or and for
which puth0c sewer facilities are riot
otherwise available, and the City
having received a petition for an-
nexation from all the property own-
ers of the land, to wit;
That part of the Northeast
Quarter of. Section 9, Township
113 North, Range 20 West, Dako-
ta County, Minnesota described
ee fours:
Beginning at the Northwest
corner of said Northeast Quar-
ter of Section 6; thence South 00
degrees 14 minutes 33 seconds
East, an assumed hearing, along
the west Ilene of said. Northeast
Quarter, a distance of 2150.51
fest; thence South 89 degrees 39
mfrnurim 33 seconds East, along
a line parallel with the south
lire of said Northeast Quarter, a
distance of 1131.47 feet; thence
North 00 degrees 20 mirmtes
27 mconde East, parpsndiou-
17 to said south One, a distance
of 500170 %ot; thence South 89
degrees 39 minutes 33 me onde
Ent, along a fate parallel with
said south line of the Northeast
Quarter, a distance of 723.93 feet
to the centerline of Dodd Boule-
vard; thence North 10 degrees 57
minutes 25 seconds East, along
said centerline of Dodd Bouts-
vard, a distance of 826.19 feet;
thence continuing northeasterly
409.61 feet along said centerline
of Dodd Boulevard and along a
tangential nave concave to the
southeast having a - radius of
1850.00 feet and a central angle
of 12 degrees 40 minutes 56 see-
onde; thence North 23 degrees
38 minutes 23 seconds Fast,
tangent to said curve and con-
tiratng along said centerline of
Dodd Boulevard, a distance of
506 58 feet to the rertin lie of
sell Northeast Quarter; thence
South 89 degrees 51 minutes 30
seconds West, along said north
line of the Northeast Quarter, a
distance of 2349J I feet to said
poll of booming.
The above described property
consists of approximately 91.37
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 hereby annexed Is zero.
5. The City of Lakeville, pursuant
to Minnesota Statutes § 414.036,
shall provide reimbursernent to Eu-
reka Township with respect to the
property taxes payable an the area
hereby annexed, in the amount of
One Thousand Ninety Dollars and
Sbtty-Eight Cents ($1,090.68) equal
to two years of Township taxes
for the property to be annexed,
payable In two annual payment
in accordance with the following
schedule:
a. An amount equal to Fere Hun-
dred Forty -Five Dollars and Thir-
ty -Four Cents ($545.34) no later
than December 31, 2022; and
b. An amount equal to Five Hun-
dred Forty-Fhve Dollars and Thir-
ty -Fou Cents (5545.34) no later
than December 31, 2023.
6. That pursuant to Minnesota
Statutes § 414.036 with respect to
any special assessments assigned
by the Town to the annexed proper-
ty and any portion of debt Incurred
by the Town prior to the annexation
and attributable to the properly to
be apexed, but for which no ape-
cfal assessments are outstanding,
for the area annexed, there are no
special assessments or debt in -
curved by the Town on the subject
are for which reimbursement is re-
quired.
7. That the City Clerk of the City
of Lakeville Is hereby authorized
and directed to file a copy of this
Ordinance with the Chief Adminis-
trative Law Judge of the Minnesota
Office of Administrative Hearings,
the Minnesota Secretary of State,
the Dakota County Auditor, and the
Township Clark.
B. That the Offlce of Adminletra-
five Hearings Is hereby requested
to Issue its order approving this
annexation.
9. This ordinance shall be affec-
tive immediately upon its passage
and publication, and approval by
the Office of Administrative Hear-
ings, Boundary Adjustments, and
State of Minnesota.
ADOPTED this 17th day of May
2021 by the City Council of the City
of Lakeville, Minnesota
CITY OF LAKEVILLE
BY: Douglas P. Anderson
Mayor
ATTEST:
Charlene Friedges
City Clerk
Published in the
Sun Thisweek
May 21, 2021
1140006