RESOLUTION 08-87

Introduced by Councilor Marin

A RESOLUTION OF ALBERT LEA TOWNSHIP AND THE CITY OF ALBERT LEA
DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY
ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE
MUNICIPAL BOUNDARY ADJUSTMENTS OFFICE OF THE OFFICE OF
ADMINISTRATIVE HEARINGS PURSUANT TO M.S.414.0325

            WHEREAS, property owners of property located  along Highway 69 S. consisting of 5.73 acres more or less are requesting annexation of these properties in the NW Corner of Sunnyslope First Addition, Section 18-T102R21W , Freeborn County; and

            WHEREAS, the City of Albert Lea received a petition for annexation from 100% of the property owners; and

            WHEREAS, the Township of Albert Lea and the City of Albert Lea hereby jointly agree to the following; now, therefore

THE CITY OF ALBERT LEA RESOLVES:

            Sec. 1.       That the following described area in Albert Lea Township is subject to orderly annexation pursuant to Minnesota Statutes 414.0325, and the parties hereto designate this area for orderly annexation:

TRACT E

Commencing at the northwest corner of Sunnyslope First Addition, as the same is platted and recorded in the office of the County Recorder of Freeborn County, Minnesota;  thence North a distance of 291.70 feet, on a northerly extension of the west line of said Sunnyslope First Addition, to the point of beginning;

thence North a distance of 809.10 feet, on a northerly extension of the last described line;

thence East a distance of 316.50 feet;

thence South a distance of 33.23 feet, to a point on the west right-of-way line of U.S. Highway No. 69;

thence Southerly a distance of 776.20 feet, on the west right-of-way line of said U.S. Highway No. 69;

thence West a distance of 292.41 feet, to the point of beginning.

            Sec. 2.       That no alteration of the area is appropriate, that this resolution provides for annexation of a designated area, and no consideration by the Municipal Boundary Adjustments Office of the Office of Administrative Hearings is necessary, no alteration of the agreed upon boundaries is appropriate, all conditions for annexation have been stated in this resolution and the Municipal Boundary Adjustments Office of the Office of Administrative Hearings may review and comment, but shall, within 30 days of receipt of the joint resolution, order the annexation.

            Sec. 3.       That planning throughout the orderly annexation area shall be pursuant to Minnesota Statutes 414.0325.  Planning and zoning for the area shall be provided by the City of Albert Lea. That the property identified in this annexation shall be zoned R-1 (single family residence). Commencing at the northwest corner of Sunnyslope First Addition, as the same is platted and recorded in the office of the County Recorder of Freeborn County, Minnesota;  thence North a distance of 291.70 feet, on a northerly extension of the west line of said Sunnyslope First Addition, to the point of beginning;

thence North a distance of 809.10 feet, on a northerly extension of the last described line;

thence East a distance of 316.50 feet;

thence South a distance of 33.23 feet, to a point on the west right-of-way line of U.S. Highway No. 69;

thence Southerly a distance of 776.20 feet, on the west right-of-way line of said U.S. Highway No. 69;

thence West a distance of 292.41 feet, to the point of beginning.

            Sec. 4.       That the City of Albert Lea agrees to pay the Township of Albert Lea an amount equal to five years of existing taxes derived from the area subject to annexation.

            Sec. 5.       That reading of this resolution is waived by Council consent.

            Sec. 6.       That publication of this resolution shall be dispensed with under provisions of Section 3.08 of the Charter of the City of Albert Lea.

That the motion for the adoption of the foregoing resolution was duly seconded by Councilor Rasmussen, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.

And the following voted against the same: None.

Introduced, read and passed April 14, 2008

Attest:

_/s/________________________       By: ____/s/_________________________
            City Clerk                                               Mayor Randall Erdman

TOWNSHIP OF ALBERT LEA

            Passed and adopted by the Township Board of the Township of Albert Lea this ______ day of ______________, 2008

Attest:

_/s/__________________________      By: __/s/___________________________
            Township Clerk                                               Chair