HomeMy WebLinkAbout118-11 Credit River Township Whitney Annexation1
CITY OF PRIOR LAKE
ORDINANCE NO. 118-11
AN ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA ANNEXING
LAND LOCATED IN CREDIT RIVER TOWNSHIP, SCOTT COUNTY, MINNESOTA
PURSUANT TO MINNESOTA STATUTES § 414.033 SUBDIVISION 2(3),
PERMITTING ANNEXATION BY ORDINANCE
WHEREAS, a petition signed by the sole property owner, requesting that property legally
described herein be annexed to the City of Prior Lake, Minnesota, was duly
presented to the Council of the City of Prior Lake on the 16th day of July 2018; and
WHEREAS, said property is unincorporated and abuts the City of Prior Lake on its southeastern
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 not located within a flood plain or shoreland area; and
WHEREAS, said property is currently agricultural and annexation is requested to facilitate the
extension of city services for the urban commercial/industrial development of the
property; and
WHEREAS, the City of Prior Lake held a public hearing pursuant to Minnesota Statutes §
414.033 Subd. 2b, on July 16, 2018, following thirty (30) days written notice by
certified mail to the Town of Credit River (‘Town’) and to all landowners within and
contiguous to the area legally described (herein or attached exhibit), 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 PRIOR LAKE HEREBY ORDAINS
AS FOLLOWS:
1. The City Council hereby determines that the property as hereinafter described abuts the city
limits and is or is about to become urban or suburban in nature in that commercial or industrial
uses 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 Prior Lake, Minnesota, are hereby extended to include the
following described property, said land abutting the City of Prior Lake and being 120 acres or
less in area, and is not presently served by public sewer facilities or public sewer facilities are
4646 Dakota Street SE
Prior Lake, MN 55372
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not otherwise available, and the City having received a petition for annexation from all the
property owners of the land, to wit:
The West 919.00 feet (as measured at right angles) of that part of the North half of the
Northwest Quarter (N ½ of NW ¼) of Section 7, Township 114, Range 21, Scott County,
Minnesota, lying North of the Northerly right of way line of Eagle Creek Avenue, Scott County,
Minnesota. (PID 049070010)
The above described property consists of a total of 10 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 as Exhibit A.
4. The City of Prior Lake, pursuant to Minnesota Statutes § 414.036, that with respect to the
property taxes payable on the area legally described herein, hereby annexed, shall pay to the
Town of Credit River as follows:
a. Two times the amount in taxes that the Township levied against the property in 2018, the
year of annexation.
b. The City shall remit payment in two equal payments, the first payment is due by December
15th in the year the property is annexed, and the second payment is due by December 15th
in the year following annexation.
c. Property ID 049070010 had Town taxes of $382.59 payable in 2018; two times that
amount equals $765.18, to be paid in two equal payments of $382.59 each.
5. 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 legally described herein there are no special
assessments or debt incurred by the Town of Credit River on the subject for which
reimbursement is required.
6. Following the property owner entering into the Agreement for Annexation of Whitney Property
Credit River Township, the City Manager of the City of Prior Lake is hereby authorized and
directed to file a copy of this Ordinance with the Municipal Boundary Adj ustment Unit of the
Office of Administrative Hearings, the Minnesota Secretary of State, the Scott County Auditor,
and the Credit River Township Clerk.
7. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is
approved by the Office of Administrative Hearings.
Passed and adopted by the Prior Lake City Council this 16th day of July 2018.
ATTEST:
City Manager Mayor
A summary of this ordinance was published in the Prior Lake American on the 21st day of July
2018.
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EXHIBIT A
84-0331-35413
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Annexation of
Certain Real Property to the City of
Prior Lake from Credit River Township
(MBAU Docket A-8153)
ORDER APPROVING
ANNEXATION ORDINANCE
On July 16, 2018, the City of Prior Lake (City) adopted Ordinance Number 118-11
(Ordinance) annexing certain real property (Property) from Credit River Township
(Township) legally described as follows:
The West 919.00 feet (as measured at right angles) of that part of the North Half
of the Northwest Quarter (N½ of NW¼) of Section 7, Township 114, Range 21,
Scott County, Minnesota, lying North of the Northerly right of way line of Eagle
Creek Avenue, Scott County, Minnesota. (PID 049070010)
Based upon a review of the Ordinance, the Chief Administrative Law Judge makes
the following:
ORDER
1. Pursuant to Minn. Stat. § 414.033 (2018), the Ordinance is deemed
adequate in all legal respects and properly supports this Order.
2. Pursuant to the terms of the Ordinance and this Order, the Property is
ANNEXED to the City.
3. Pursuant to Minn. Stat. § 414.036 (2018), the City will reimburse the
Township $382.59 each year for two years as stated in the Ordinance.
4. The City must file a copy of the Annexation Ordinance with the Township,
the appropriate county auditor(s), and the Secretary of State as required by Minn. Stat.
§ 414.033, subd. 7.
Dated: August 21, 2018
____________________________________
TAMMY L. PUST
Chief Administrative Law Judge
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NOTICE
This Order is the final administrative order in this case under Minn. Stat.
§§ 414.033, .07, .09, .12 (2018). 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
(2017). However, no request for amendment shall extend the time of appeal from this
Order.
Affidavit of Publication
SUMMARY ORDINANCE
NO. 118-11 Southwest Newspapers
AN ORDINANCE OF
THE CITY OF PRIOR
LAKE, MINNESOTA State of Minnesota )
ANNEXING LAND LOCATED
IN CREDIT RIVER ) SSW
COU1 TY, MSCOTT
INNESOTA County of Scott )
PURSUANT TO MINNESOTA
STATUTES § 414.033
SUBDIVISION 2(3),
PERMITTING ANNEXATION Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent
BY ORDINANCE of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior
The following is only a Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows:
summary of Ordinance No. 118-
11. The full text will available for (A) These newspapers have complied with the requirements constituting qualification as a legal
Public inspection after July 17, newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
2018 by any person during regular amended.
office hours at City Hall or in the �7 p
Document Center on the City of (B) The printed public notice that is attached to this Affidavit and identified as No. / a
Prior Lake Website. was published on the date or dates and in the newspaper stated in the attached Notice and said
SUMMARY: The corporate Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
limits of the City of Prior Lake, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
IMinnesota, are hereby extended inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
to include the following described and publication of the Notice:
property, said land abutting the
City of Prior Lake and being 120
acres or less in area, and is not abcdefghijklmnopgrs)6 MYZ
Presently served by public sewer n
facilities or public sewer facilities are not otherwise available, B
YWUWOLWWWWWW�
and the City having received a Laurie A. Hartmann
petition for annexation from all
the property owners of the land,
to wit:
The West 919 . 00 feet (as Subscribed and sworn before me on
measured at right angles ) of
that part of the North half of
the Northwest Quarter (N % of
NW % ) of Section 7, Township this �c3 day of 2018
114 , Range 21 , Scott County,
Minnesota, lying North of the
Northerly right of way line of
the Chicago, Milwaukee and St. JYMME JEANNETTE BARK
Paul Railway Company. (PID
049070010) _ NOTARY PUBLIC MINNESOTA
This ordinance shall become ublic
effective from and after its :j MYCOMMISSIONEXPIRES01/31123
passage and publication.
Passed by the City Council of
the City of Prior Lake this 16"' day
of July 2018.
ATTEST:
Frank Boyles
City Manager RATE INFORMATION
Kirt Briggs Lowest classified rate paid by commercial users for comparable space. . .. $31 .20 per column inch
Mayor Maximum rate allowed by law for the abovematter................ . . . . .... .... .... . $31 .20 per column inch
(Published in the Prior Lake Rate actually charged for the above matter. . .. . . . .. . ...... . . . . $ 12.97 per column inch
American on Saturday, July 21, " " " """" " " " "' '
2018: No. 7249)
I