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HomeMy WebLinkAbout5.A.3. Annexation of Property in Jackson Township to the City of Shakopee-Res.No. 6519 s: f). 3. CITY OF SHAKOPEE Memorandum CONSEr~T CASELOG NO.: 06-037 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 Shako pee MEETING DATE: October 17, 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 Shako pee. The Minnesota State Boundary Adjustments Office (BOA) has requested that the City make additional revisions to the resolution of approval. City staff has made the requested modifications. As a part ofthose revisions, staff has assigned a new resolution number to the item. Please note that the draft resolution includes a statement noting that this resolution supercedes the original approval resolution number. Attached is 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. 6519, A Resolution Approving Annexation of Property from Jackson Township. 2. Deny Resolution No. 6519. 3. Table action and request additional information from staff and/or the applicant. ACTION REQUESTED: Offer a motion to approve Resolution No. 6519, approving the annexation of property from Jackson Township, and move its adoption. ~~ Ju 1 Klima PI nner II h:\cc\2006\1 0- I 7\annexation ryan horton resolution. doc RESOLUTION NO. 6519 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 - As stated in Section 1, Paragraph 2 ofthe Joint Resolution for Orderly Annexation between the Town of Jackson and the City of Shako pee, "the Township and City mutually agree and state that this Joint Resolution and Agreement sets forth all the conditions for annexation and that no consideration by the Municipal Board is necessary for individual annexations which occur in accordance with the agreement. The Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this Joint Resolution." Section 3 - The City Council hereby finds that the property is not included in boundary adjustment proceeding pending before the Minnesota State Plamling Agency. Section 4 - The City Council hereby determines and finds as follows; 1. That the 320 acres of subject properties abut the City of Shakopee; 2. That the properties proposed to be annexed are agricultural and residential in nature, 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 Shako pee and Jackson Township. 5. That the Jackson Township Board has reviewed the request and has filed no objections. 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 May 2nd and May 16th, 2006, prior to Council consideration of this resolution 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 resolution with the Minnesota State Planning Agency, Jackson Township, the Scott County Auditor-Treasurer, and the Minnesota Secretary of State. Section 9 - This resolution takes effect upon its adoption and approval by the Minnesota State Planning Agency. Section 10 - This resolution supercedes Resolution No. 6479. Adorted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 1 i day of October 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. I . . , , . . 'EXEllBIT A Lot 1, Block 1, Theis Highlands 1st Addition, Scott County, Minnesota Outlot A" Theis Highlands 1 5t 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 ofllie 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 Half of the Northeast Quarter and there terminating. EXCEPT: The land taken by the Minnesota Department ofTransportatioli for highway right of way as recorded on the Minnesota Co~ssioner of Transportati6n 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,OO 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) Scot/; COlJnty) Minnesota, described as follows: Beginning at the East Quarter Corner of said Section 14, Township 115) Range 23 and running thence ~ laA. g ,. .. , . , 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, Townslllp 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 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 Bast 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 40degrees 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 eastline 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 of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County, Except that part of the following describedproperty: 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 no!fh.east 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 PlatNo. 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. I ~~ I(j 3 , . . 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 SectioD. 14; thence South 0 I 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 Milmesota Commissioner of Transportation Right of Way Plat No. 70- 15. The South Half of the 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 comer of the Northeast Quarter of the Southwest Quarter of Section 14, Township 115, Range 23 described as follows: Commencing at the Southeast comer of said Northeast Quarter of the Southwest Quarter, thence running West 35 feet; thence Northeasterly to a point 35 feet North of the Southeast comer of Northeast Quarter of Southwest Quarter; thence South 35 feet to the place of beginning, all located in Scott COWlty, Minnesota. ~ 3~3