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HomeMy WebLinkAbout0841ORDINANCE NO. 841 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 SECTION 1.PREAMBLE. WHEREAS, the City of Lakeville received a petition dated Apri123, 2008, signed by all the property owners, requesting that property legally described as the NW 1/ of Section 3, Township 112, Range 20, Dakota County Minnesota, except the south 1000 feet. thereof, as shown on the attached exhibit, be annexed to the City of Lakeville, Minnesota, was said petition was duly presented to the Council of the City of Lakeville on the 5~' day of May, 2008, and; WHEREAS, said property is unincorporated and abuts the City of Lakeville 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 within the South Creek Drainage Area and within the Vermillion River Watershed District but does not encompass any designated trout stream area, and the City has adopted or amended its land use controls to conform with chapter 103F, and; WHEREAS, said 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 City of Lakeville held a public hearing pursuant to Minnesota Statutes § 414.033 Subd. 2b, on June 16, 2008, 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. SECTION 2.ENACTMENT. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA HEREBY ORDAINS AS FOLLOWS: 139586x02 J7J:06/27/2008 L 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. 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 Northwest I/ of the Section 3, Township 113, Range 20, Dakota County Minnesota, except the South 1000 feet thereof. The above described property consists of a total of 96.71 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, by making a lump sum cash payment to the Town of five thousand and no dollars ($5,000.00) no later than December 31, 2008. 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 Municipal Boundary Adjustment Unit of the Minnesota Office of Administrative Hearings, the Minnesota Secretary of State, the Dakota County Auditor, and the Eureka Township Clerk. 8. .That the Office of Administrative Hearings is hereby requested to issue its order approving this annexation no earlier than August 1, 2008. SECTION 3.EFFECTIVE DATE. This ordinance shall be effective immediately upon its passage and publication, and approval by the Office of Administrative Hearings, Boundary Adjustments, State of Minnesota. 139586x02 JJJ:06/27/2008 ADOPTED this 7th day of July, 2008, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: ATTEST: Charlene Friedges, City 139586x02 JJJ:06/27/2008 PUBLIC NOTICE ORDINANCE NO. 841 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 SECTION 1. PREAMBLE. WHEREAS, the City of Lakeville received a petition dated April 23, 2008, signed by a the property owners, requesting that property legally described as the NW IA of Section 3 Township 112, Range 20, Dakota County Minnesota, except the south 1000 feet thereof as shown on the attached exhibit, be annexed to the City of Lakeville, Minnesota, was sair petition was duly presented to the Council of the City of Lakeville on the 5th day of May 2008, and; WHEREAS, said property is unincorporated and abuts the City of Lakeville on its south ern boundary; is less than 120 acres; is not presently served by public sewer facilities o public sewer facilities are not otherwise available, and; WHEREAS, said property is within the South Creek Drainage Area and within the Vermil- lion River Watershed District but does not encompass any designated trout stream area and the City has adopted or amended its land use controls to conform with chapter 103F and; WHEREAS, said 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 City of Lakeville held a public hearing pursuant to Minnesota Statutes § 414.033 Subd. 2b, on June 16, 2008, 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 annex- ation of the territory to the municipality. SECTION 2. ENACTMENT. 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. 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 Northwest IA of the Section 3, Township 113, Range 20, Dakota County Minnesota, except the South 1000 feet thereof. The above described property consists of a total of 96.71 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, by making a lump sum cash payment to the Town of five thousand and no dollars ($5,000.00) no later than December 31, 2008. 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 Municipal Boundary Adjustment Unit of the Minnesota Office of Administrative Hearings, the Minnesota Secretary of State, the Dakota County Auditor, and the Eureka Township Clerk. 8. That the Office of Administrative Hearings is hereby requested to issue its order approving this annexation no earlier than August 1, 2008. 1 SECTION 3. EFFECTIVE DATE. This ordinance shall be effective immediately upon its passage and publication, and approval by the Office of Administrative Hearings, Boundary Adjustments, State of Minnesota. ADOPTED this 7th day of July, 2008, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Holly Dahl, Mayor ATTEST: Charlene Friedges, City Clerk 1299055 7/12/08 AFFIDAVIT OF PUBLICATION ,OF MINNESOTA) SS Df Dakota ) JOHNSON, being duly sworn, on oath says that he is an authorized nployee of the publisher of the newspaper known as Thisweek es and Farmington and has full knowledge of the facts which are stated newspaper has complied with all of the requirements constituting as a legal newspaper, as provided by Minnesota Statute 331A.02, other applicable laws, as amended. rinted Legal Notice which is attached was cut from the columns of said and was printed and published once each week, for one successive as first published on Saturday, the 12"' day of July, 2008, and was inted and published on every Saturday to and including Saturday, the July, 2008; and printed below is a copy of the lower case alphabet from A clusive, which is hereby acknowledged as being the size and kind of the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY TITLE: Managing Editor and sworn to before me on this 12`" day of July, 2008. Notary Public EVA ELISABETH MOONEY NOTARY PUBLIC _ MINNESOTA My Commission Expires Jan, 31, 2010