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Home My WebLink About118-14 Credit River Township Owens Annexation1 CITY OF PRIOR LAKE ORDINANCE NO. 118-14 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 20th day of August 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 residential 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 August 20, 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 4646 Dakota Street SE Prior Lake, MN 55372 2 less in area, and is not presently served by public sewer facilities or 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 South 1391.13 feet of the West ½ of the Southwest ¼ of Section 6, Township 114, Range 21, Scott County, Minnesota lying West of the East 366.00 feet thereof, except the West 375.75 feet of the East 741.75 feet of the South 1391.13 feet of the West Half of the Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota. (PID 049060100) The above described property consists of a total of 13.86 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 049060100 had Town taxes of $490.66 payable in 2018; two times that amount equals $981.32, to be paid in two equal payments of $490.66 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 JPOwens, LLC 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 Adjustment 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 20th day of August 2018. ATTEST: City Manager Mayor A summary of this ordinance was published in the Prior Lake American on the 25th day of August 2018. 3 EXHIBIT A 4646 Dakota Street SE Prior Lake, MN 55372 SUMMARY ORDINANCE NO. 118-14 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 The following is only a summary of Ordinance No. 118-14. The full text will available for public inspection after August 20, 2018 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: 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 not otherwise available, and the City having received a petition for annexation from all the property owners of the land, to wit: The South 1391.13 feet of the West ½ of the Southwest ¼ of Section 6, Township 114, Range 21, Scott County, Minnesota lying West of the East 366.00 feet thereof, except the West 375.75 feet of the East 741.75 feet of the South 1391.13 feet of the West Half of the Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota. (PID 049060100) This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 20th day of August 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary Ordinance to be published in the Prior Lake American on the 25st day of August 2018. 84-0331-35507 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-8163) ORDER APPROVING ANNEXATION ORDINANCE On August 20, 2018, the City of Prior Lake (City) adopted Ordinance Number 118-14 (Ordinance) annexing certain real property (Property) from Credit River Township (Township) legally described as follows: The South 1391.13 feet of the West Half of the Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota lying West of the East 366.00 feet thereof, except the West 375.75 feet of the East 741.75 feet of the South 1391.13 feet of the West Half of the Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota. 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 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: September 5, 2018 ____________________________________ TAMMY L. PUST Chief Administrative Law Judge 2 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. SUMMARY ORDINANCE NO. 118-14 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 The following is only a Affidavit of Publication summary of Ordinance No. 118- 14. The full text will available for public inspection after August 20, Southwest Newspapers 2018 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. State of Minnesota) SUMMARY. The corporate ) SS . limits of the City of Prior Lake, Minnesota, are hereby extended County of Scott to include the following described property, said land abutting the City of Prior Lake and being 120 acres less in area, and is not Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent presently served by public sewer of the publisher ofthe newspapers known as the Shakopee Valle News, Jordan Independent Prior facilities or otherwise sewer facilities Lake merican and Savage acer and has full knowledge of the facts herein stated as follows: are not otherwise available , g � g and the City having received a . petition for annexation from all , (A) These newspapers have complied with the requirements constituting qualification as a legal the property owners of the land, newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as to wit: Lamended. The South 1391 . 13 feet of the West % of the Southwest (B) The printed public notice that is attached to this Affidavit and identified as No./; 14 e % of Section 6, Township 114, was published on the date or dates and in the newspaper stated in the attached Notice and said Range 21_ Scott County, Minnesota Notice is hereby incorporated as part of this Affidavit. Said notice was out from the columns of lying West of the East 366.00 feet the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both thereof, except the West 375 . 75 inclusive, and is hereby acknowledged as being the kind and size of type used in the composition feet of the East 741 .75 feet of the and publication of the Notice: South 1391 . 13 feet of the West Half of the Southwest Quarter abcdefghijkimnopgrstuvwxyz of Section 6, Township 114, Range � ' Q , 21, Scott County, Minnesota. (PID . }049060100) 4 This ordinance shall become effective from and after its By: passage and publication. Laurie A. Hartmann Passed by the City Council of the City of Prior Lake this 201' day of August 2018. Subscribed and sworn before me on ATTEST: Frank Boyles,City Manager Kirt Briggs, Mayor (Published in the Prior Lake this v9 ~ day of 2018 ' American on Saturday, August , 25, 2018t No. 7268) r. .; JYMME JEANNETTE BARK 1l NOTARY PU6LIC • MINNESOTA N ublic • : ' MY COMMISSION EXPIRES 0131 /23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31 .20 per column inch Maximum rate allowed by law for the above matter.. . ......... .. ..... ... .... . . .. . . . $31 .20 per column inch Rate actually charged for the abovematter. .. . . . ... ... .. . .... .. . . ... . . . . .... .......... .. $ 12.97 per column inch