HomeMy WebLinkAbout7.D.3. Annexation of D.R. Horton/Ryan Property south of HWY 169 west of CR 15-Res. No. 6479
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CITY OF SHAKOPEE
Memorandum
CASELOGNO.: 06-037 CO~ISE~!T
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Annexation of Property in Jackson Township to the City of Shakopee
MEETING DATE: September 5,2006
INTRODUCTION:
In May 2006, the City Council adopted Ordinance No. 761, approving the annexation of
approximately 320 acres of property from Jackson Township into the City of Shakopee. City staff
submitted materials to the Minnesota State Boundary Adjustments Office (BOA). After reviewing
the material, BOA informed the City that this request for annexation should include a resolution of
approval rather than an ordinance of approval from the City Council.
Please find attached a draft resolution of approval for the Council's consideration. The resolution
considers the annexation of the same properties that were previously considered. No changes have
been made to the underlying request.
ALTERNATIVES:
1. Approve Resolution No. 6479, A Resolution Approving Annexation of Property from Jackson
Township.
2. Deny Resolution No. 6479.
3. Table action and request additional information from staff and/or the applicant.
ACTION REQUESTED:
Offer a motion to approve Resolution No. 6479, approving the annexation of property from
Jackson Township, and move its adoption. ~.
'.~
ie Klima
Planner II
h:\cc\2006\09-05\annexation ryan horton resolution. doc
RESOLUTION NO. 6479
A RESOLUTION APPROVING THE ANNEXATION OF PROPERTY FROM
JACKSON TOWNSHIP
THE CITY OF SHAKOPEE, MINNESOTA, HEREBY RESOLVES AS FOLLOWS:
Section 1- The City Council hereby finds that Tom Ryan, Corrine & Norbert Theis, Solveig
& Larry Theis, Donald & Mary Latour, Joseph Theis, and Mount Olive Evangelical Church, filed a
properly prepared Petition requesting the annexation to the City of Shakopee of real property
located within Jackson Township, Scott County, State of Minnesota, legally described as found on
attached Exhibit A:
Section 2 - The City Council hereby finds that the property is not included in boundary
adjustment proceeding pending before the Minnesota State Planning Agency.
Section 3 - The City Council hereby determines and finds as follows;
1. That the subject properties abut the City of Shakopee;
2. That the properties proposed to be annexed are not presently served by public sewer
facilities, and that public sewer facilities are not otherwise available to the subject
properties;
3. That the City of Shakopee has received a properly prepared Petition for annexation
from all of the owners of the subject properties; and
4. That the area is appropriate for annexation pursuant to Minn. Stat. Sec. 414.0325, and
that the Petition complies with all of the provisions of Minn. Stat. 414.0325, as well as
the provisions of the Orderly Annexation Agreement between the City of Shakopee and
Jackson Township.
5. That the Jackson Township Board has reviewed the request and has filed no objections.
Section 4 - The subject properties are urban or suburban in nature or about to become so.
Section 5 - Pursuant to law, a public hearing was scheduled, with proper notification given,
and held on May 2nd and May 16th , 2006, prior to Council consideration of this resolution for
annexation.
Section 6 - The corporate limits of the City of Shakopee are hereby extended to include the
subject properties, and the same is hereby annexed to and included within the City of Shako pee as
if the property originally been part thereof.
Section 7 - The City Clerk is directed to file certified copies of this resolution with the
Minnesota State Planning Agency, Jackson Township, the Scott County Auditor-Treasurer, and the
Minnesota Secretary of State.
Section 8 - This resolution takes effect upon its adoption and approval by the Minnesota State
Planning Agency.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this
5th day of September 2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Published in the Shakopee Valley News on the _ day of ,2006.
EXHffiIT A
Lot 1, Block 1, Theis Highlands 1 st Addition, Scott County, Minnesota
Outlot A, Theis Highlands 1 st Addition, according to the plat thereof on file and of record
in the Office of the County Recorder, Scott County, Minnesota
All that part of the of the East Half of the Northeast Quarter of Section 14, Township
115, Range 23, Scott County, Minnesota lying southerly of the following described line:
Commencing at the northeast comer of said Section 14; thence South 01 degrees 01
minutes 25 seconds East, assumed bearing, along the east line of said northeast quarter, a
distance of 1300.98 feet to the point of beginning of said line; thence North 85 degrees 45
minutes 11 seconds West, a distance of 153.40 feet to the westerly right of way line of
the Minnesota Commissioner of Transportation Right of Way Plat No. 70-15; thence
continuing North 85 degrees 45 minutes 11 seconds West, a distance of 1171.22 feet to
the west line of said East Halfofthe Northeast Quarter and there terminating.
EXCEPT:
The land taken by the Minnesota Department of Transportation for highway right of
way as recorded on the Minnesota Commissioner of Transportation Right of Way
Plat No. 70-15.
AND EXCEPT
That part of the Northeast Quarter of Section 14, Township 115, Range 23, Scott
County Minnesota described as follows: Commencing at the southeast comer of
said Northeast Quarter; thence North 00 degrees 00 minutes 00 seconds East,
assumed basis for bearings, along the east line of said Northeast Quarter 274.70 feet
to the point of beginning of the land herein described; thence South 89 degrees 22
minutes 01 seconds West 441.00 feet; thence North 00 degrees 00 minutes 00
seconds East 150.00 feet; thence North 89 degrees 22 minutes 01 seconds East
441.00 feet to a point in the east line of said Northeast Quarter; thence South 00
degrees 00 minutes 00 seconds East, along said east line, 150.00 feet to the point of
beginning.
AND EXCEPT
All that part of the East Half of the Northeast Quarter of Section 14, Township 115,
Range 23, Scott County, Minnesota, described as follows: Beginning at the East
Quarter Comer of said S~ction 14, Township 115, Range 23 and running thence
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North on the section line 208.70 feet; thence west parallel to the south line of the
East Half of the Northeast Quarter 208.71 feet; thence South and parallel to the east
line of said Section 14, 208.70 feet to the south line of said East Half of the
Northeast Quarter; thence East on said south line 208.71 feet to the place of
beginning.
AND
All that part of the West Half of the Northeast Quarter of Section 14, Township 115,
Range 23, Scott County, Minnesota described as follows:
Commencing at the northeast comer of said Section 14; thence South 01 degrees 01
minutes 25 seconds East, assumed bearing, along the east line of said northeast quarter, a
distance of 1300.98 feet; thence North 85 degrees 45 minutes 11 seconds West, a distance
of 153.40 feet to the westerly right of way line ofthe Minnesota Commissioner of
Transportation Right of Way Plat No. 70-15; thence continuing North 85 degrees 45
minutes 11 seconds West, a distance of 1171.22 feet to the west line of said East Half of
the Northeast Quarter to the point of beginning; thence continuing North 85 degrees 45
minutes 11 seconds West, a distance of 216.14 feet; thence South 40 degrees 13 minutes
55 seconds West, a distance of 463.16 feet; thence South 00 degrees 40 minutes 02
seconds East, a distance of 1192.71 feet to the south line of said West Half to the
Northeast Quarter; thence North 88 degrees 20 minutes 48 seconds East, along said south
line, a distance of 518.67 feet to the east line of said West Half of the Northeast Quarter;
thence North 00 degrees 40 minutes 02 seconds West, along said east line, a distance of
1515.36 feet to the point of beginning.
All that part of the of the West Half ofthe Northeast Quarter of Section 14, Township
115, Range 23, Scott County, Except that part ofthe following described property:
Commencing at the northeast comer of said Section 14; thence South 01 degrees 01
minutes 25 seconds East, assumed bearing, along the east line of said northeast quarter, a
distance of 1300.98 feet; thence North 85 degrees 45 minutes 11 seconds West, a distance
of 153.40 feet to the westerly right of way line of the Minnesota Commissioner of
Transportation Right of Way Plat No. 70-15; thence continuing North 85 degrees 45
minutes 11 seconds West, a distance of 1171.22 feet to the east line of said West Half of
the Northeast Quarter to the point of beginning; thence continuing North 85 degrees 45
minutes 11 seconds West, a distance of216.14 feet; thence South 40 degrees 13 minutes
55 seconds West, a distance of 463.16 feet; thence South 00 degrees 40 minutes 02
seconds East, a distance of 1192.71 feet to the south line of said West Half of the
Northeast Quarter; thence North 88 degrees 20 minutes 48 seconds East, along said south
line, a distance of 518.67 feet to the east line of said West Half of the Northeast Quarter;
thence North 00 degrees 40 minutes 02 seconds West, along said east line, a distance of
1515.36 feet to the point of beginning.
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AND EXCEPT:
The land taken by the Minnesota Department of Transportation for highway right of way
as recorded on the Minnesota Commissioner of Transportation Right of Way Plat No. 70-
15.
All that part of the East Half of the Northeast Quarter of Section 14, Township 115,
Range 23, Scott County, Minnesota lying northerly of the following described line:
Commencing at the northeast corner of said Section 14; thence South 01 degrees 01
minutes 25 seconds East, assumed bearing, along the east line of said northeast quarter, a
distance of 1300.98 feet to the point of beginning of said line; thence North 85 degrees 45
minutes 11 seconds West, a distance of 153.40 feet to the westerly right of way line of
the Minnesota Commissioner of Transportation Right of Way Plat No. 70-15; thence
continuing North 85 degrees 45 minutes 11 seconds West, a distance of 1171.22 feet to
the west line of said East Half of the Northeast Quarter and there terminating.
EXCEPT:
The land taken by the Minnesota Department of Transportation for highway right of way
as recorded on the Minnesota Commissioner of Transportation Right of Way Plat No. 70-
15.
The South Half ofthe Southwest Quarter of Section 14, Township 115, Range 23.
The Northwest Quarter of the Southeast Quarter of Section 14,Township 115, Range 23,
And a parcel in the Southeast corner of the Northeast Quarter of the Southwest Quarter of
Section 14, Township 115, Range 23 described as follows: Commencing at the Southeast
corner of said Northeast Quarter ofthe Southwest Quarter, thence running West 35 feet;
thence Northeasterly to a point 35 feetNorth of the Southeast corner of Northeast Quarter
of Southwest Quarter; thence South 35 feet to the place of beginning, all located in Scott
County, Minnesota.
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