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HomeMy WebLinkAbout11-011 Annex Svoboda Property 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 1 1 - 011 A RESOLUTION ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE (DOCKET #OA - 967) Motion By: Hedberg Second By: Keeney WHEREAS, The City of Prior Lake and the Town ship o f Spring Lake are parties to an Orderly Ann exation Agreement identified as MBA Docket No. OA - 967; and WHEREAS, Paragraph 5 in the Orderly Annexation Agreement identifies and designate s land within the Orderly Annexation Area (designated as “sub - areas” ) by n umber and provides for the annexation of sub - areas in a given year subject to the availability of sewer and water services; and WHEREAS Paragraph 5 of the Orderly Annexation Agreement further provides that p roperty identified as Sub - Area 4.1 on Exhibit 2 and lega lly described in Exhibit A to the OAA provides for annexation of said land in 2004, subject to the availability of sewer and water service with in 150 feet of any boundary of the legally described Area; and WHEREAS, City sewer and water service was not with in 150 feet of Area 4.1 in 2004, therefore the date of annexation was automatically extended for 8 years pursuant to operation of Section 5.1 of the OAA or until sewer and water was with 150 feet of the Sub - Area 4.1 ; and WHEREAS, City sewer and water is now available t o extend to the Sub - Area 4.1 and annexation is required by the OAA and timely; and WHEREAS, Pursuant to the Orderly Annexation Agreement between the City of Prior Lake and Spring Lake Township (Docket #OA - 967), the City of Prior Lake states: 1. That th e following described property in Spring Lake Township is subject to annexation pursuant to Minnesota Statutes 414.0325 and hereby requests annexation of the following legally described properties, to wit: Condominium No 1009, according to the recorded p lat thereof, Scott County, Minnesota. And also Registered Land Survey No 98, according to the recorded plat thereof, Scott County, Minnesota. And also that part of the Northeast Quarter of the Northeast Quarter of Section 12, Township 114, Range 22, Scot t County, Minnesota, lying Northeasterly of Condominium No. 1009 and Registered Land Survey No. 98, according to the recorded plats thereof in said County. 2. No action by Spring Lake Township or consideration by the Director of the Office of Strategic and Long Range Planning or its successor agency is required to effectuate this annexation. 3. The Director of the Office of Strategic and Long Range Planning or its successor agency may review and comment, but shall, within 30 days, order the annexation in acco rdance with the terms of this resolution. 4. That there is no change in electrical service provided for the subject annexation, therefore, State Statute 414.0235, Subd. 1 A, is not applicable. NOW THEREFORE BE IT HEREBY RESOLVE D BY THE CITY COUNCI L OF PRI OR LAKE, , MINNESOTA as follows : 1. The recitals set forth above are incorporated herein. 2. Pursuant to Paragraph 6.5 of the Orderly Annexation Agreement t h e annexation of Sub - Area 4.1 is subject to property tax phasing in accordance with the schedule set out in Section 6.3 a - d . 3. Sub - Area 4.1 - 4.4 were designated for annexation in 2004 . No other remuneration or payments by the City apply to this annexation. 4. The City of Prior Lake approves the annexation of the aforementioned property, legally described above and in Exhibit 3 of the Orderly Annexation Agreement, from Spring Lake Township into the City of Prior Lake. 5. The staff is hereby directed to forward this resolution to Minnesota Municipal Bou n dary Adjustment for review and comment within 30 days . rd PASSED AND ADOPTED THIS 3 DAY OF J ANUARY 201 1 . YES NO Myser X Myser Erickson X Erickson Hedberg X Hedberg Keeney X Keeney Soukup X Soukup ______________________________ Frank Boyles, City Manager 2