HomeMy WebLinkAboutAnnexation Res and Order 04 PRION
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4646 Dakota Street SE
ArINNs9010' Prior Lake. MN 55372
RESOLUTION 12.101
A RESOLUTION ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY
OF PRIOR LAKE
(DOCKET#OA-967)
Motion By: Hedberg Second By: Soukup
WHEREAS, The City of Prior Lake and the Township of Spring Lake are parties to an Orderly
Annexation Agreement identified as MBA Docket No. OA-967; and
WHEREAS, Paragraph 5 in the Orderly Annexation Agreement (the "OAA") identifies and
designates land within the Orderly Annexation Area (designated as"Sub-Areas")
by number 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 property
identified as Sub-Areas 6.1, 6.2 and 8.3 as shown in Exhibits 1-4 and legally
described in Exhibit A to the OAA provides for annexation of said land, subject
to the availability of sewer and water service within 150 feet of any boundary of
the Sub-Areas; and
WHEREAS, City sewer and water is now available to extend to the Sub-Areas 6.1, 6.2 and
8.3 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 the properties legally described in Exhibit A and further described in
Exhibit B with Scott County Parcel Identification Numbers in Spring Lake
Township are subject to annexation pursuant to Minnesota Statutes
414.0325 and hereby requests annexation of properties.
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 accordance 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 RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Pursuant to Paragraph 6.5 of the Orderly Annexation Agreement, the annexation of Sub-
Areas 6.1 and 6.2 are subject to property tax phasing in accordance with the schedule set
out in Section 6.3 a-d. Sub-Area 8.3 is not subject to property tax phasing.
3. The City of Prior Lake approves the annexation of the aforementioned property, legally
described in Exhibit A of this Resolution and in Exhibit 3 of the Orderly Annexation
Agreement, from Spring Lake Township into the City of Prior Lake.
4. The staff is hereby directed to forward this resolution to Minnesota Municipal Boundary
Adjustment for review and comment within 30 days.
PASSED AND ADOPTED THIS 18`h DAY OF JUNE 2012.
_ YES NO
tdyser I A I M ser A
Erickson #AKeeney Erickson
Hedber Hedberg
Keeney A
-Soukup X I Soukup
Frank B s, City Manager
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STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
MUNICIPAL BOUNDARY ADJUSTMENT UNIT
In the Matter of OA-967-10
Prior Lake/Spring Lake Township
Pursuant to Minnesota Statutes 414
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
The city resolution for orderly annexation submitted by the City of Prior Lake and
Spring Lake Township was reviewed for conformity with applicable law. By delegation,
the Chief Administrative Law Judge hereby makes and files the following Findings of
Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
1. A joint resolution for orderly annexation was adopted by the City of Prior
Lake and Spring Lake Township pursuant to Minnesota Statutes § 414.0325 and duly
filed with the Office of Administrative Hearings-Municipal Boundary Adjustment Unit.
2. A city resolution adopted and submitted by the City of Prior Lake and
Spring Lake Township, requests annexation of part of the designated area described as
follows:
Sub-Area 6.1
The Northwest Quarter of the Northwest Quarter of Section 4, Township
114, Range 22, Scott County, Minnesota.
And also Government Lot 1, Section 5, Township 114, Range 22, Scott
County; Minnesota.
Sub-Area 6.2
That part of the East-half of the Southeast Quarter of Section 5, Township
114, Range 22, Scott County, Minnesota, lying South of Autumn Acres,
according to the recorded plat thereof, Scott County, Minnesota.
And also that part of the West-half of the Southeast Quarter of Section 5,
Township 114, Range 22, Scott County, Minnesota, lying South of Autumn
Acres Second Addition, according to the recorded plat thereof, in said
County.
All of Government Lots 1 and 2, Section 8, Township 114, Range 22,
Scott County, Minnesota,
Sub-Area 8.3
That part of the East-half of the Northwest Quarter and that part of the
Southwest Quarter of the Northeast Quarter of Section 11, Township 114,
Range 22, Scott County, Minnesota, described as follows:
Commencing at the intersection of the southerly line of Maple Acres,
according to the recorded plat thereof in said County, and the centerline of
County Road 23; thence South 394.21 feet to the point of beginning;
thence East 241.30 feet; thence North 546.37 feet to said Southerly line;
thence Northeasterly, along said Southerly line, to the centerline of
Mushtown Road; thence Southeasterly, along, the centerline of Mushtown
Road, to the South line of said Southwest Quarter of the Northeast
Quarter; thence West along the South line of said Southwest Quarter of
the Northeast Quarter and along the South line of said East-half of the
Northwest Quarter to said centerline of County Road. 23; thence North
along said centerline of County Road No. 23 to the point of beginning.
3. Minnesota Statutes §414.0325, subd. 1 (h) states that in certain
circumstances the Chief Administrative Law Judge may review and comment, but shall
within 30 days order the annexation pursuant to the terms of a joint resolution for orderly
annexation.
4. The joint resolution contains all the information required by Minnesota
Statutes § 414.0325, subd. 1 (h), including a provision that the Chief Administrative Law
Judge may review and comment but shall order the annexation within 30 days in
accordance with the terms of the joint resolution.
CONCLUSIONS OF LAW
1. The Office of Administrative Hearings has duly acquired and now has
jurisdiction of the within proceeding.
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2. An order should be issued by the Chief Administrative Law Judge or
authorized designee annexing the area described herein.
ORDER
1. The property described in Findings of Fact 2 is annexed to the City of Prior
Lake, the same as if it had originally been made a part thereof.
2. Pursuant to Minnesota Statutes § 414.036, the Township of Spring Lake
shall be reimbursed by the City of Prior Lake in accordance with the terms of the Joint
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Resolution signed by the City on July 21, 2003 and Township on August 14, 2003; and
City Resolution No. 12-101.
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3. Pursuant to Minnesota Statutes §414.035, the tax rate of the City of Prior
Lake on Sub-Areas 6.1 and 6.2 herein ordered annexed shall be increased in
substantially equal proportions over a period of four years to equality with the tax rate of
the property already within the city.
Dated: July 13, 2012
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Timothy J. O'Malley
Assistant Chief Administrative Law Judge
Municipal Boundary Adjustment Unit
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OA-967-10 Prior Lake
MEMORANDUM
In ordering the annexation contained in Docket No. OA-967-10, the Chief
Administrative Law Judge finds and makes the following comment:
Paragraph No. 13 states the agreement shall expire on December 31, 2025. End
dates or ending mechanisms are problematic in that they appear to run afoul of the act
of conferring jurisdiction to the Chief Administrative Law Judge. Once jurisdiction is
conferred by submission of this agreement to this office, it cannot be taken away by
written consent of the parties. Jurisdiction ends when all the designated area is
annexed. The issue whether jurisdiction could be "given back" by the Chief
Administrative Law Judge upon written request of the parties to the agreement to
mutually end their agreement has not been addressed.
The parties are encouraged to consider this comment in light of any further
amendments that may be otherwise necessary to this agreement for orderly annexation.
T.J.O.
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