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HomeMy WebLinkAbout[09a] Resolution Ordering Annexation Resolution 2013-017 Annexing Property Pursuant to Orderly Annexation Agreement Pursuant to MN Statute §414.0325 (Annexation of US Corp of Engineer Property, 31-20790-007) WHEREAS, the City and Township of St. Joseph have entered into an Orderly Annexation Agreement approved by the Municipal Board February 6, 1998 as OA-524 which identifies the terms and conditions for orderly annexation; and WHEREAS , in 2006 the City and Township of St. Joseph amended OA-524 to include criteria for annexation which requires that either 100% of the affected property owners petition for annexation or the hearing process for annexation has been completed; and the property is contiguous to the City limits; and the City has the ability to immediately provide water/sewer services and the petitioner has the good faith intent to plat the property following annexation. WHEREAS, the City and Township have identified time zones for annexation to assist with the orderly annexation process; and WHEREAS , in 2010 the City and Township of St. Joseph clarified the process for annexation which allows property to be annexed to the City of St. Joseph by simple resolution of the St. Joseph City Council of the property being considered for annexation meet the criteria for annexation as identified in section 9(c) of OA 524 (See Exhibit 1). WHEREAS , on April 5, 2013 the City of St. Joseph received a petition for annexation dated March 27, 2013 signed by the Army Corps of Engineers, owner of the property located in Zone 2 of the Orderly Annexation Area. (See Exhibit 2, Application for Annexation with attached legal description). WHEREAS , the property identified in Exhibit 2 is located in Orderly Annexation Zone 2 which lists a projected life expiration date of 2007. The agreement allows the City to annex property with it owns petition provided the conditions set forth in section 9(c) of OA-524 are met. WHEREAS , the property identified in Exhibit 2 is contiguous to the City limits and the City has received a development request from the Department of the Army Corp of Engineers to construct a 40,000 square foot training facility, to which water and sewer services will be provided immediately and the property owner has included in the application for annexation a statement of intent to plat. The request meets the conditions set forth in section 9(c) of OA-524. (See Exhibit 1). WHEREAS , the City agrees to reimburse the Township pursuant to Minnesota Statutes 414.036 and Section 6 of OA-524, for the taxes to be collected on this property according to said schedule. NOW THEREFORE BE IT RESOLVED: 1. The City of St. Joseph accepts the annexation petition of the Department of Army Corps of Engineers to annex the property identified in Exhibit A as the criteria for annexation have been met. 2. The City of St. Joseph is annexing the property on its own behalf permitted in section 7 of OA- 524. (See Exhibit 1). 3. (Property). That the following described land is subject to orderly annexation pursuant to Minnesota Statutes §414.0325, and that the City hereby requests that the land be immediately annexed: A tract of land situated in the W ½ SE ¼ , in Section 11, in Township 124 North, Range 29 West of the Fifth Principal Meridian, Steams County, Minnesota, being more particularly described as follows: Commencing at the Southwest Comer of said W ½ SE ¼ ; Thence North 88°57'55" East, assumed bearing, 49.50 feet along the South line of said W ½ SE ¼ ; Thence North 00°49'56" West, 891.54 feet to the Southwest Corner of St. Joseph Business Park; Thence North 89°10'04” East, 550.00 feet to the Southeast Corner of said Park and to the POINT OF BEGINNING; Thence North 00°49'56" West 881.92 feet along the East line of said Park to the South line of Stearns County Highway Right-of-way Plat No. 5; Thence South 66°02'44" West 762.17 feet along said Right-of-Way to the East line of said W ½ SE ¼ ; Thence South 00°47'22" East 530.99 feet along said line; Thence South 89°12'38" West, 250.00 feet; Thence South 00°47'22" East, 31.58 feet; Thence South 89°10'04" West, 441.54 feet to the point of beginning. The tract of land herein described contains 11.29 acres, more or less. 4. (Acreage/Population/Usage). That the orderly annexation area consists of approximately 11.29 acres, more or less, the population in the area is 0, and that the land use type is B2-Highway Business. 5. (Jurisdiction). That OA-524 confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish said annexation in accordance with the terms of this resolutions and the Orderly Annexation Agreement with the Township. (See Exhibit 1). 6. (Municipal Reimbursement). Based on the 2013 Stearns County Tax data (see Exhibit 3), the parcel is not charged taxes, therefore the Township will not receive any tax reimbursements as a result of this annexation. 7. (Review and Comment). Pursuant to the Annexation Agreement, the Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the annexation in accordance with the terms of the resolution. Adopted this day of , 2013. Rick Schultz, Mayor ATTEST Judy Weyrens, Administrator This page intentionally left blank EXHIBIT A A tract of land situated in the W%2SE'/, in Section 11, in Township 124 North,Range 29 West of the Fifth Principal Meridian, Stearns County,Minnesota, being more particularly described as follows: Commencing at the Southwest Corner of said W'/2SE%; Thence North 88°57'55"East,assumed bearing,49.50 feet along the South line of said W%ASE'/; Thence North 00°49'56"West, 891.54 feet to the Southwest Corner of St.Joseph Business Park; Thence North 89°10'04"East,550.00 feet to the Southeast Corner of said Park and to the POINT OF BEGINNING; Thence North 00°49'56"West, 881.92 feet along the East line of said Park to the South line of Steams County Highway Right-of-Way Plat No 5; Thence South 66°02'44"West, 762.17 feet along said Right-of-Way to the East line of said W'ASEY4; Thence South 00°47'22"East,530,99 feet along said line; Thence South 89°12'38"West,250.00 feet; Thence South 00°47'22"East,31.58 feet; Thence South 89°10'04"west,441.54 feet to the point of beginning. The tract of land herein described contains 11.29 acres,more or less. � � ; � '3 Parcel Information Property Number 31.20790.0007 Roll Type 1 - Real Propert Current Owner of Record UNITED STATES OF AMERICA Mailing Address 1616 CAPITAL ST City, State, Zip OMAHA NE 68102 Property Address City State Zip Tax Authority Group 3103 ST JOSEPH TWP 742 Section, Township, Range Section 11 Township 124 Range 029 Deeded Acres 11.29 Legal Description Additional Legal Description Tax Year 2013 Assessment Year 2012 Taxpayer UNITED STATES OF AMERICA Address 1616 CAPITAL ST City, State, Zip OMAHA NE 68102 First Half Installment $0.00 First Half Due Date 05/15/2013 Second Half Installment $0.00 Second Half Due Date Total Tax $0.00 Taxable Market Value Total $0.00 Estimated Market Value Total $639,300.00 Green Acres $0.00 New Construction $0.00 Property Classification 5E-Exempt Properties EB 21 West Superior Street, Suite 500 Duluth,Minnesota 55802 218 727-8446 Fax 218 727-8456 www.LHBcorp.com September 13, 2012 City of St. Joseph MN Attn: Gary Utsch,Building Official 25 College Avenue North P.O.Box 668 St.Joseph,MN 56374 ARMY RESERVE CENTER, ST.JOSEPH,MN INTERIM DESIGN SUBMITTAL W912QR-12-C-0026 Please find enclosed preliminary(50%) construction drawings and design analysis for the above referenced project. Copies of the design documents are being provided for your information and to keep you informed of the status of the project. It is anticipated that final documents will be completed in February, with construction to start thereafter. This project is being prepared by design-build method. LHB is the Designer of Record and LS Black the General Contractor. Please call if you have any questions or concerns. Thank you. LHB CYNTHIA POIRIER,AIA—PROJECT MANAGER Enclosures(4) c: S. Suggs,M. Just(USACE Louisville District) J.French, S. Black(LS Black) CIP, DJB,BNL,DGS,AJV, SDC,WSN(LHB) File: Q:\11Proj\110512\300 Communication\302 Letters\1 I0512LTInterimSubmitCity_091312.doc APPLICATION FOR ANNEXATION City of St.Joseph Fee$ 25 College Avenue N PO Box 668 Paid St.Joseph,MN 56374 Phone(320)363-7201 or Fax(320)363-0342 Date STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: Michael Bockman PHONE: 402.0 j -Z$13 W►►C.NAEL.1..80CICWW4 @ OWE. ADDRESS: Corps of Engineers,1616 Capitol Ave#9000,Omaha,NE 68102-4901 EMAIL: ARM MIL I/We,the undersigned,hereby make the following application to the City Council and Planning Commission of the City of St.Joseph, Stearns County,Minnesota.(Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with the ordinance requirements.) 1.Application is hereby made to annex the following area:(Legal description of land to be annexed,including acreage or square footage) Information is attached and labeled as Exhibit A. 2.Name and address of the present owner of the above described land: U.S.Army Corps of Engineers,Omaha District CENWO-RE-M j 1616 Capitol Avenue#9000 Omaha,NE 68102-4901 3.Is the proposed use compatible with the future and present land uses of the area?Please explain: F Yes ❑ No The 11 acre site will support the new Army Reserve Training Center that abuts approximately 8 acres currently owned by the U.S. Government(88th Regional Support Command)used as AMSA#101.There is an existing Area Maintenance Support Activity (maintenance building)with associated military and privately owned vehicle parking currently on the southwest portion of the adjacent site.The northwest portion of this site will house the new Training Center.The land will accommodate an Army Reserve Training Center and comply with set back requirements dictated by the Department of Defense Antiterrorism/Force Protection(AT/ FP)guidance found in the Unified Facilities Criteria(UFC)4-010-01. The training building will have administrative offices, rlaccrnnmc a Iihrant a laarninn rantar an accamhly hall anti a kitrhpn Q 4.The residents in the area will increase the popluation by: Zero. Week day operations will consist of 19 full time staff(military and civilian). ©. Subject to exceptions set forth in the Orerly Annexation Agreement,the City and Township agree that,unless both the Township and City mutually agree to consider a specific annexation request,property will not be annexed unless all three of the criteria stated below are satisfied: 1.A petition for annexation has been received and either 100%of the property owners have petitioned to do so,or the subject property has completed the hearing process and hereinafter set forth,with approval of the proposed annexation being obtained from both the City and Township. The U.S.Government owns 100%of the property. The Army Reserve Center and supporting parking supports the Army Reserve mission requirements. 2.The property for which annexation is sought is contiguous to the City Limits.For the purposes of this requirement,"contiguous" shall mean: a.That the property is sought to be annexed abuts property within the City;or b.That the property sought to be annexed would abut property within the City,but for the existence of an intervening road right-of-way,the existence of the body of a river or the existence of the body of a lake.A road right-of-way(other than as if traversed across its width to get to the property to be annexed as provide for in this paragraph)shall not be used as a basis fora finding that said property abuts or is contiguous to property within the City;or c.If only an apex of the property sought to be annexed abuts property within the City a.That the property is sought to be annexed abuts property within the City. 3.The City has immediate ability to extend water and sewer services to the subject property and the property owner has good faith intent to immediately plat the property for which annexation is sought.That following annexation,but before a building permit is issued by the City for the construction of any structures thereon,City water and sewer services must be provided to the structure for which any building permit is sought. The City has immediate ability to extend water and sewer services to the subject property and the property owner has good faith intent to immediately plat the property for which annexation is sought. In the event that the City and Township mutually agree to consider an annexation request that does not meet all three criteria established above,at least 60%of the affected property owners must submit a petition for annexation.In that event,a joint hearing of both the Town Board and the City Council shall be called to consider and act on the petition.The petition for annexation shall not be approved unless both the Town Board and the City Council,voting as separate bodies,approve the petition seeking annexation. Attached to this application,and made a part thereof,are •tier material submission data requirements,as indicated. Applicant Signature: � �,, Date: 9j$1/4 3 Property Owner Signature: /Alir Date:3/2 2,200 FOR OFFICE USE ONLY Date application submitted: Date application completed: City Council Action: r Approved E Denied Date of Action: Joint Powers Board: r Public Hearing Scheduled Date of Hearing: r' Request Denied Date of Action: City Action: n Approved f Denied Date of Action: Township Action: r' Approved fl Denied Date of Action: Date Applicant/Property owner notified of City/Township Action: • 2013 Annexation United States Corp of Engineers Construction of a training facility RIDGEWOOD CT St,fns.-, r: tea r e t a f 's ff ' s BAKERSTE I 1 I } la I 1 i 31-20790-0007 j w a t $ t t I i i i 3 n x E INL/9 OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA Document: A1355368 -= Certified, Filed,and/or Recorded on "� M NO._DDUNQUENT TAXES AND L TRANSFER ENTERED November 17,2011 4:00 PM i DATE ! 7 , D..!/ DIANE GRUNDHOEFER i AUDITOR te` ' ' ri. . . STEARNS COUNTY RECORDER DEPUTY JI4i../.I..I - .sC . a.o79o. 0005 %* PROJECT: Proposed USARC,St.Joseph,MN i- Tract 101. ✓ This deed prepared by and to be returned to David V.Chipman,Attorney,U.S.Army Corps of Engineers,Omaha District, 1616 1— Capitol Street,Omaha,NE 68102-1618,(402)945-2596. I LTax assessment mailing info: U.S.Army Corps of Engineers,Real Estate Division,Omaha District,Omaha District, 1616 Capitol S treet,Omaha,NE 68102-1618,(402)995-2596.This transaction is exempt from Deed Tax per M.S.A.§287.22(6). WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That RIVER BATS STADIUM, LLC, a Minnesota limited liability company, Grantor, for and in consideration of the sum SEVEN HUNDRED THOUSAND Dollars ($700,000.00), the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to THE UNITED STATES OF AMERICA, Grantee, of Washington, DC, and its assigns, fee simple title, free and clear of all liens and encumbrances, except those specifically excepted or reserved below, to the following described real estate located in Steams County,Minnesota,to wit: - A tract of land situated in the W'I4SE'/, in Section 11,in Township 124 North,Range 29 West of the Fifth Principal Meridian,Stearns County,Minnesota,being more particularly described as follows: Commencing at the Southwest Corner of said W%ASE%%; Thence North 88°57'55"East,assumed bearing,49.50 feet along the South line of said W%2SE' ; Thence North 00°49'56"West, 891.54 feet to the Southwest Corner of St.Joseph Business Park; Thence North 89°10'04"East, 550.00 feet to the Southeast Corner of said Park and to the POINT OF BEGINNING; Thence North 00°49'56"West, 881.92 feet along the East line of said Park to the South line of Stearns County Highway Right-of-Way Plat No. 5; Thence South 66°02'44"West,762.17 feet along said Right-of-Way to the East line of said WY2SE'A; Thence South 00°47'22"East, 530.99 feet along said line; Thence South 89°12'38"West,250.00 feet; Thence South 00°47'22"East,31.58 feet; Thence South 89°10'04"west,441.54 feet to the point of beginning. The tract of land herein described contains 11.29 acres,more or less. The Grantor hereby certifies that the Grantor does not know of any wells on the above-described real I property. _. . SCR L of . Project:Proposed USARC,St.Joseph,MN,Tract 101 Subject, however, to existing easements for access, utilities, public roads and highways, public utilities,railroads,and pipelines, levees and drainage ditches. The Grantor, for itself,its successors and assigns,hereby quitclaims to the Grantee all right,title,and interest which the Grantor may have in the banks, beds, and waters of any stream bordering the above- described tract of land,and also all interest in alleys,roads, streets, ways, strips, gores, or railroad rights-of- way abutting or adjoining said land,and in any means of ingress or egress appurtenant thereto. To have and to hold the premises described above,together with all the tenements,hereditaments and appurtenances thereunto belonging unto the United States of America and its assigns forever. The Grantor, for itself, its successors and assigns, hereby covenants jointly and severally with the United States of America and its assigns that said Grantor is lawfully seized of said premises; that said f premises are free from encumbrances except as above noted; that Grantor has legal power and lawful authority to convey the same; and that Grantor warrants and will defend title to the above-described tract of land against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the Grantor has set its hand this I day of November,2011. RIVER BATS STADIUM, LLC, a Minnesota limited liability company. STEP SEFTON, ' side t/ i e anager ACKNOWLEDGMENT STATE OF MINNESOTA ) )ss. _... COUNTY OF c 'e,o. -r , ) The foregoing instrument was ackn o wl edged before re me this )1 ` day of November, 2011, by Stephen Sefton, the President/Chief Manager of River Bats Stadium, LLC, a Minnesota limited liability company, on behalf of such company. , Bt4Cfla tt nn NOTARY PUBLIC My Commission Expires: 1 31-d t)I S INSTAL WOO,. Page 2 of 2 Novay PUBLIC•MWtIESOTA w,Conffision 601,L31.20I5 SCR of This page intentionally left blank