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HomeMy WebLinkAbout1045ORDINANCE NO. 1045 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 easterly 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 115.67 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: The West 1980.00 feet of the Northeast Quarter of Section 3, Township 113, Range 20, Dakota County, Minnesota EXCEPT the South 690 feet of the East 631.30 feet of said West 1980.00 feet. AND The South 690 feet of the East 315.65 feet of the West 1664.35 feet of the Northeast Quarter of Section 3, Township 113, Range 20, Dakota County, Minnesota. The above described property consists of approximately 115.67 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 Five Hundred Seventy -Six Dollars and Sixteen Cents ($1,576.16) 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 Seven Hundred Eighty -Eight Dollars and Eight Cents ($788.08) no later than December 31, 2022; and b. An amount equal to Seven Hundred Eighty -Eight Dollars and Eight Cents ($788.08) 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 215308vl 2 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 17th day of May 2021 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE i WI40- ' . Anderson, Mayor ATTEST: Charlene Friedges, City 215308v1 3 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF DAKOTA 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: 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 I successive week(s); the first insertion being on 05/21/2021 and the last insertion being on 05/21/2021. 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 atfiT ed before me on 05/21/2021 by Diane Erickson. Public DARM MARIE MA6PFM NOTARY FOALIC - MINNESOTA My Candhniltlolt Eliphes ,int at, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 1140018 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.1 D45 AN ORDINANCE ANNEXING LAND LOCATED IN THE TOWN OF EUREKA, DAKOTA COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414.033 SUBDIVISION 2Q, PERMITTING ANNEXATION BY ORDINANCE WHEREAS, a majority of the property 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 easterly boundary; is less than 120 acres; is not pms- ently, served by public sewer fscifi- ties or public sewer facilities are not otherwise available, and WHEREAS, the property Is cur- rently unimproved agricultural lend 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 land proposed for annexation, in acres, Is approximately 115.67 acres; and WHEREAS, the City of Lakev- pie held a public hearing pursuant to Minnesota Statutes § 414.033 Subd. 2b, on May 3, 2021, follow- ing thirty (30) days written notice by oartifled mail to the Town of Eureka and to all landowners within and contiguous to the arae 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 resulting from the annexation of the territory to the municipality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LNI"LLE, MINNESOTA HERE- BY ORDAINS AS FOLLOWS: 1. The City Council hereby de- termines that the property 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 beim proposed for said properly, the constriction 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 annex- ation pursuant to Minnesota Stat- ute § 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 Lakev- ille and being 120 acres or less In area, which Is not presently served by public sewer facilities or and for which public sewer fanifities are not otherwise available, and the City having received a petition for an- nexation from all the property own- ers of the land, to wit: The West 1990.00 feet of the Northeast Quarter of Section 3, Township 113, Range 20, Dakota County, Minnesota EXCEPT the South 890 feat of the East 631.30 feet of said West 19BD.00 feet AND The South 890 feet of the East 315.85 fest of the Mhat 1884.35 fest of to Northeast Quarter of Section 3, Town" 113, Range 20, Dakota County, Minnesota. The above described property consists of approximately 115.67 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 plot 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 Eu- reka Township with respect to the property taxes payable on the area hereby annexed, In the amount of One Thousand Five Hundred Sev- enty -Six Dollars and Sixteen Cents ($1,575.16) equal to two years of Township taxes for the property to be annexed, payable In two annu- al payment In accordance with the following schedule: a. An amount equal to Seven Hundred Elghty-Bght Dollars and Eight Cents ($788.08) no later than December 31, 2022; and b. An amount equal to Seven Hundred Eighty-EIght Dollars and Eight Cents ($768.08) no later than December 31, 2023. 6. That pursuant to Minnesota Statutes § 414.035 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 property to be annexed, but for which no spe- cial assessments are outstanding, for. the area annexed, there are no special assessments or debt in- curred 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 ills 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 Canty Auditor, and the Township Clark 8. That the Office of Administra- tive Hearings Is hereby requested to Issue its order approving this annexation. 9. This ordinance shall be effec- 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 R Anderson Mayor ATTEST: Charlene Friedges City Clerk Published in the Sun Thisweek May 21, 2021 1140018