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HomeMy WebLinkAboutOA-967-11_OrderOAH 84-0331-34057 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of the Orderly Annexation of Certain Real Property to the City of Prior Lake from Spring Lake Township (MBAU Docket OA-967-11) ORDER APPROVING ANNEXATION A joint resolution for orderly annexation (Joint Resolution to Designate) was adopted by the City of Prior Lake (City) on July 21, 2003 and Spring Lake Township (Township) on August 14, 2003, pursuant to Minn. Stat. § 414.0325, designating certain real property for annexation. The City adopted Resolution Number 16-151 (City Resolution to Annex) on November 14, 2016, requesting annexation of certain real property (Property) legally described as follows: 110840010 – 16780 Marschall Road Lot 1, Block 1, GEISTER HILLS, Scott County, Minnesota (Subdivision Cd 11084). 119050300 – 1411 160st NW North Half of the Northwest Quarter (N ½ of NW ¼), Section Five (5), Township One Hundred Fourteen (114), Range Twenty-two (22), Scott County, Minnesota, EXCEPTING THEREFROM: The South 605 feet of the East 792 feet of the North One-Half of the Northwest Quarter (N ½ of NW ¼), of Section Five (5), Township One Hundred Fourteen (114), Range Twenty-two (22), Scott County, Minnesota. 119050301 The South 605 feet of the East 792 feet of the North Half (N 1/2) of the Northwest Quarter (NW ¼), Section Five (5), Township One Hundred Fourteen (114), Range Twenty-two (22), Scott County, Minnesota 119050050 – 16596 Marschall Road The North 24 Acres of Govt. Lot 4 Except .88 Acres for Highway, Section 5, Township 114, Range 22, Scott County, Minnesota. This property lies in the County of Scott, State of Minnesota. 119050290 – 16816 Marschall Road All that part of Government Lot 5, Section 5, Township 114, Range 22, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said Government Lot 5; thence North along the East line thereof a distance of 687.0 feet to the point of beginning of the tract of land to be described; thence continuing North along said East line a distance of 300.0 feet; thence West at right angles a distance of 363.0 feet; thence South at right angles a distance of 300.0 feet; thence East at right angles a distance of 363.0 feet to the point of beginning. 119050280 – 1390 170 Street East The South thirteen (13) acres of Government Lot 4, Section 5, Township 114, Range 22, Scott County, Minnesota. Government Lot 5, Section 5, Township 114, Range 22, Scott County, Minnesota, EXCEPT the following described land: Commencing at the Southeast corner of said Government Lot 5; thence North along the East line thereof a distance of 687.0 feet to the point of beginning of the tract of land to be described; thence continuing North along said East line a distance of 300.0 feet; thence West at right angles a distance of 363.0 feet; thence South at right angles a distance of 300.0 feet; thence East at right angles a distance of 363.0 feet to the point of beginning. EXCEPT the following described land: Part of the South 13.00 acres of Government Lot 4 and part of Government Lot 5, all being part of Section 5, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast corner of the Southwest quarter of said Section 5; thence on an assumed bearing of North 00 degrees 49 minutes 01 seconds East along the East line of said Government Lots 4 and 5 a distance of 987.00 feet; thence North 89 degrees 10 minutes 59 seconds West 50.00 feet to the point of beginning of the tract to be described; thence continuing North 89 degrees 10 minutes 59 seconds West 313.00 feet; thence South 00 degrees 49 minutes 01 seconds West 115.00 feet; thence South 88 degrees 31 minutes 28 seconds West 338.75 feet; thence North 00 degrees 49 minutes 01 seconds East 725.47 feet to the North line of said South 13.00 acres of Government Lot Number 4; thence North 88 degrees 31 minutes 28 seconds East along said North line 652.00 feet; thence South 00 degrees 49 minutes 01 seconds West 343.84 feet; thence North 89 degrees 10 minutes 59 seconds West 60.00 feet; thence South 00 degrees 49 minutes 01 seconds West 50.00 feet; thence South 89 degrees 10 minutes 59 seconds East 60.00 feet; thence South 00 degrees 49 minutes 01 seconds West 229.16 feet to the point of beginning. 119060020 – 965 160 Street NW The North 522.3 feet of the East 417.0 feet of the Northeast Quarter, Section 6, Township 114, Range 22, Scott County, Minnesota subject to an Easement for road purposes over the North 33 feet thereof. Based upon a review of the Joint Resolution to Designate and the City Resolution to Annex, the Chief Administrative Law Judge makes the following: ORDER 11. Pursuant to Minn. Stat. § 414.0325, the City Resolution to Annex adopted by the City on November 14, 2016, is deemed adequate in all legal respects and properly supports this Order. 2 3 2. Pursuant to the terms of the Joint Resolution to Designate, the City Resolution to Annex, and this Order, the Property is ANNEXED to the City. 3. Pursuant to the agreement of the parties and as allowed by Minn. Stat. § 414.036 (2016), the City will reimburse the Township in accordance with the terms of the Joint Resolution to Designate and the City Resolution to Annex. Dated: December 29, 2016 ____________________________ TAMMY L. PUST Chief Administrative Law Judge NOTICE This Order is the final administrative order in this case under Minn. Stat. §§ 414.0325, .07, .09, .12 (2016). Pursuant to Minn. Stat. § 414.07, subd. 2, any person aggrieved by this Order may appeal to Scott County District Court by filing an Application for Review with the Court Administrator within 30 days of this Order. An appeal does not stay the effect of this Order. Any party may submit a written request for an amendment of this Order within seven days from the date of the mailing of the Order pursuant to Minn. R. 6000.3100 (2015). However, no request for amendment shall extend the time of appeal from this Order.