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Home My WebLink About15.D.3. Petition from Marystown LLC for Annexation of Certain Lans in Jackson Township-Ord. No. 657 /5:0,3, CITY OF SHAKOPEE Memorandum CONSEt~T CASELOG NO.: 03005 TO: Mayor and City Counc:il Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Public Hearing on Petition of MARYS TOWN, LLC for the Annexation of Certain Lands in Jackson Township MEETING DATE: March 4, 2003 INTRODUCTION: On February 18, 2003 the Council directed staff to prepare an ordinance annexing certain lands at the southeast quadrant ofCSAH 15/Marystown Road and STH 169. The Council is asked to act on the attached draft ordinance. ALTERNATIVES: 1. Offer and pass Ordinance No. 657, an ordinance relating to the annexation of certain lands at the southeast quadrant of CSAH 15/Marystown Road and STH 169. 2. Direct staffto prepare a resolution denying the requested annexation. 3. Table the matter for additional information, ACTION REQUESTED: Offer and pa~s Ordinance No. 657, an ordinance relating to the annexation of certain lands at the southeast quadrant ofCSAH 15/Marystown Road and STH 169. /{!4;Jae~/~ R. Michael Leek Community Development Director G: \CC\2003\03-04\annexation0305 .doc - 1 - ORDINANCE NO. 657, FOURTH SERIES AN ORDINANCE RELATING TO THE ANNEXATION OF CERTAIN PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF STH 169 AND CSAH 15/MARYSTOWN ROAD THE CITY OF SHAKOPEE, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: Section 1 - The City Code is amended by adding a new section to read: Section 2 - The City Council hereby finds that MARYSTOWN, L.L.c., all of the owners of the property described below, 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 3 - The City Council hereby finds that the property is not included in boundary adjustment proceeding pending before the Minnesota State Planning Agency. Section 4 - 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 ofthe owners of the subject properties; and 4. That the area is appropriate for annexation by ordinance under Minn. Stat. Sec. 414.033, Subd. 2, and that the Petition complies with all of the provisions of Minn. Stat. 414.033, as well as the provisions ofthe Orderly Annexation Agreement between the City of Shako pee and Jackson Township. Section 5 - The subject properties are urban or suburban in nature or about to become so. Section 6 - Pursuant to law, a public hearing was scheduled, with proper notification given, and held on Tuesday, February 4, 2003 and Tuesday, February 18, 2003, prior to Council consideration of this ordinance for annexation. Section 7 - 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 Shakopee as if the property originally been part thereof. Section 8 - The City Clerk is directed to file certified copies of this ordinance with the Minnesota State Planning Agency, Jackson Township, the Scott County Auditor-Treasurer, and the Minnesota Secretary of State. G: \CC\2003 \03-04 \annexation0305 .doc - 2 - Section 9 - This ordinance takes effect upon its passage and publication and filing of certified copies as directed in Section 8 and approval of the ordinance by the Minnesota State Planning Agency. Adopted in regular session of the City Council of the City of Shako pee, Minnesota held this 4th day of March 2003. Mayor of the City of Shako pee ATTEST: City Clerk PREPARED BY: City of Shakopee l29 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the _ day of ,2003. G: \CC\2003 \03 -04 \annexation03 05 .doc - 3 - . ... t:.LL 10 Il/h1 Mt-'::iUNr HL.i1rtl..HHK ~::lt::tl..j.LU,t::t:: p."t Dee 11~~~.2..1~.;~~~ ".U nil CU~I'Ic:.1 1111.1:. - LiI1H::i''.t't rflX NO. 6123884163 P. 11/11 I e . SXHLBZ-r ".A" . "Dle sout:h soven I?) rods of the No~thwe=t Qua.;r,:El:r of t:he Northwest OUarl:ar of Sec::c;l.cm 13. 'I'oWn!!h1p l15N. ltango 23N Sc::ott Count:y, Minnesota. EXCBP'I'XNG ~he~e~rom the ~asl: twolve (l.~) feet chereof, Al~o ~hQe pare of ~he Sou~hWCSt Qua.J:"'Cer oJ: che Northwo8t Quarcer dascr~bed as fclJ.owSl ; Eeginning at che Nortbeast: corner o~ the said SW 1/4 of the NW 1/'1; ~'ence We~terlY on the North line c.hereo;C" to the Nortl'lwe.!!:t: corne~' thereo f ; c:hence Southerly ;!l.long th6 WOlin:: 1.1ne ther~o~ a d~stQnce o~ 207.26 fe,,:r;;. ; thence E~8terly at r~9ht anglel,J ill distance of 350.0 feet; ~=ce Sour;he~-ly at: right angles a d~s'Cance of 350.0 fcac-; thl<J~c:e Easl:erly. at:: :t..:l.sht: Zlngl'e~ to the east: line or sa~~ sw ~/~ or che NW l/4; -ehencQ Nort::.herJ.y to ~he poinl:: of bcg.I.nr1:i.ng, IllXCEE>'Z'I:NG t=hc:X""'~rom the .f'ollowi.rl9' d"sc:r~be.d 1::racc;; BC!9i~:I.:nS l:\t: ~he No~theasc corner o~ ~he SW 1/4 of c1\e NW l/ -4 ; Chance Westerly on t:he Nor~h,11ne tbereof a di~rance or t:wc~ve (:1:a I 1: C.OI:; Chance Sout:h&~ly to a point: on 1::he South 11n8 o~ t:he ~bove described I::.ri:lct diSl:ant E11xt:.een ( 16) rest West o~ the So~th~asc corner Chercot'; thence Sa~torly on said South line a di~t~nce or sixteen (1<< ) feet: co tIle SOUtheast: comor; thence Nor~hcrly on 1::he E~sc l.ine to t:lle Norc.he~,.t: co:a.-ner of said 1::rac:r:: and there t:orrninat::tng. Record!!: o:f Scott COUIH:Y, M:l.nneco~a. Ab:;Jcrac.'c Property. - ."'----.-.....-. ..-.-... - -- -. .--" -- Dee 11 02 11:55a ELLIOTI/SIMPSUN/~LHNLHHK :::I::ll::l:l.::l.lU/C.C. ,.....1 . .. . ~ ! ~ April 13, 2000 1P 7005046 DESCRIPTION FOR RECONVEYANCE Parcel46 C.S. 7005 (101=187) 901 All of Tract A described below: Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115 North, Range 23 West, Scott County, Minnesota, described as follows: Beginning at Right of Way Boundary Corner 827 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 70-2 as the same is on file and of record in the office of the County Recorder in and for said county; thence soutl;erly on an azimuth of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2 for 702.84 feet to Right of Way Boundary Corner B28; thence on an azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for 163.12 feet on a non- tangential curve, concave to the east, having a radius of 2764.80 feet, a deltaangle of 03 degrees 22 minutes 49 seconds and a chord azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 degrees 57 minutes 09 seconds for 114.91 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 526.36 feet to a point hereinafter referred to as Point "A"; thence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the point.of beginning; excepting therefrom that part contained within the following described tract: Beginning at a point on the west line of said Section 13, distant 685.6 feet south of the northwest corner thereof; thence run south along said west section line for 320 feet; thence east at right angles to said west line for 207.65 feet; thence north at right angles for 320 feet; thence west at right angles for 207.65 feet to the point of beginning; containing 10.92 acres, more or less; Subject to the following restrictions and reservations: No access shall be permitted to Trunk Highway No. 169 or to County State Aid Highway No. 15 from the lands herein conveyed; . - ."-- -- - - t:.L.L!U II ,51hr;:Hjj,;tiU,hL.nn~ .;:J...JC.O..:JJ.U/c..c:.. I".U Dee 11 U~ 11:::l::la I . . Parcel 46-conHnued (2) April 13, 2000 7005046 The State of Minnesota reserves a drainage easement in perpetuity over that part of the lands herein conveyed described as follows: Beginning at Point "A" as set forth above; thence northeasterly on an azimuth of 59 degrees 22 minutes 42 seoonds along the northerly line of Tract A hereinbefore described for 103.84 feet; thence on an azimuth of 193 degrees 04 minutes 26 seconds for 170.76 feet; thence on an azimuth of 166 degrees 30 minutes 30 seconds tor 111.80 feet; thence on an azimuth of 283 degrees 04 minutes 24 seconds tor 90.00 feet; thence on an azimuth of 351 degrees 16 minutes 22 secondsfor 107:70 feet; thence on an azimuth of 13 degrees 04 minutes 26 seconds tor 98.41 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 4.96 fe.et to the point of beginning; containing 0.44 acre, more or less. ,._....~- .- .--