City of Clitherall Land Annex Ordinance

ORDINANCE NO. #2024-12-17 AN ORDINANCE OF THE CITY OF CLITHERALL, MINNESOTA ANNEXING LAND LOCATED IN NIDAROS TOWNSHIP, OTTER TAIL COUNTY, MINNESOTA PURSUANT TO MINN. STAT, 414,033 SUBD, 2(3), PERMITTING ANNEXATION BY ORDINANCE WHEREAS, a petition signed by all the property owners, requesting that property legally described (herein or attached exhibit) be annexed to the City of Clitherall Minnesota, was duly presented to the Council of the City of Clitherall on the 17th day of December 2024. WHEREAS, said property is unincorporated and abuts the City of Clitherall on its easterly boundary; is less than 120 acres; is not presently served by public sewer facilities or public sewer facilities are not otherwise available; and WHEREAS, said property is not located within a flood plain or shoreland area; and WHEREAS, said property is currently vacant and annexation is requested to facilitate the extension of city services for the development of the property; and WHEREAS, the City of Clitherall held a public hearing pursuant to Minn. Stat. 414.033, subd. 2b, on Monday, October 28th, 2024, following thirty (30) days written notice by certified mail to the Town of Clitherall and to all landowners within and contiguous to the area legally described (herein or attached exhibit), to be annexed; and WHEREAS, provisions of Minn. Stat. 414.033, subdi 13 is applicable and the petitioning landowners have been notified according to Minn. Stat. 414,033, subdi 13 regarding the potential change in electric utility service provider resulting from the annexation and said petitioning landowners agree to the same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLITHERALL HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the property as hereinafter described abuts the city limits and is or is about to become urban or suburban in nature in that residential use is being proposed for said property the construction of which requires or will need city services, including public sewer facilities. 2. None of the property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325. 3. The corporate limits of the City of Clitherall, Minnesota, are hereby extended to include the following described property, said land abutting the City of Clitherall and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and the City having received a petition for annexation from all the property owners of the land, to wit: All that part of the Northwest Quarter of the Southwest Quarter, Section 5, Township 32, Range 39, Otter Tail County, Minnesota, described as follows: Beginning at the west quarter corner of said Section 5; thence South 88 degrees 55 minutes 15 seconds East (bearing is based on Otter Tail County Coordinates-2011 Adjustment) along the north line of said Northwest Quarter of the Southwest Quarter, a distance of 260.00 feet; thence South 01 degree 23 minutes 17 seconds West a distance of 904.46 feet to the northeasterly right-of-way line of the former Burlington Northern Railroad; thence northwesterly, on a non-tangential curve along said northeasterly right-of-way line, concave to the southwest, having a radius of 2914.93 feet, a delta angle of 05 degrees 30 minutes 05 seconds and a chord bearing of North 66 degrees 56 minutes 17 seconds West, for an arc distance of 279.88 feet to the west line of said Section 5; thence North 01 degree 23 minutes 17 seconds East along said west line, a distance of 799.73 feet to the point of beginning. Containing 5.07 acres more or less. Subject to Thunder Road. Also subject to County State Aid Highway No. 5. AND All that plat of the Northwest Quarter of the Southwest Quarter, Section 5, Township 132 Range 39, Otter Tail County, Minnesota, described as follows: Commencing at the West quarter corner of said Section 5; thence South 88 degrees 55 minutes 15 seconds East (bearing is based on Otter Tail County Coordinates – 2011 Adjustment) along the north line of said northwest Quarter of the Southwest Quarter, a distance of 260.00 feet to the point of beginning of the land to be described; thence continuing South 88 degrees 55 minutes 15 seconds East along said north line, a distance of 230,00 feet; thence South 01 degree 23 minutes 17 seconds West a distance of 1022.65 feet to the northeasterly right-of-way line of the former Burlington Northern Railroad; thence North 59 degrees 25 minutes 04 seconds West along said northeasterly right-of-way line, a distance of 15.46 feet; thence northwesterly on a tangential curve along said northwesterly right-of-way line, concave to the southwest, having a radius of 2914,98 feet and a delta angle of 04 degrees 46 minutes 10 seconds, for an arc distance of 242.65 feet to the intersection with a line which bears South 01 degree 23 minutes 17 seconds West from the point of beginning; thence North 01 degree 23 minutes 17 seconds East a distance of 904.46 feet to the point of beginning, Containing 5.08 acres more or less. Subject to Thunder Road. The above-described property consists of a total of 10,15 acres, more or less. Copies of the corporate boundary map showing the property to be annexed and its relationship to the corporate boundaries and all appropriate plat maps are attached hereto as EXHIBIT A. 4. That the population of the area legally described (herein or attached exhibit) and hereby annexed is zero. 5. The City of Clitherall, pursuant to Minn. Stat. 414.036, that with respect to the property taxes payable on the area legally described (herein or attached exhibit), hereby annexed, shall make a cash payment to the Township of Clitherall in accordance with the following schedule: Parties may agree to other payment terms. Included are written documentation of such an agreement, if any. 6. That pursuant to Minn. Stat. 414.036 with respect to any special assessments assigned by the Town to the annexed property and any portion of debt incurred by the Town prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the area legally described herein, there are no special assessments or debt incurred by the Town on the subject are for which reimbursement is required. 7. That the City Attorney is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings and Otter Tail County. 8. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. PASSED AND ADOPTED by the City Council of the City of Clitherall, Minnesota, this 17th day of December, 2024. By: /s/ COLE MATHUES, Mayor By: /s/ JUSTIN MOEN, City Treasurer (City Seal) (Published January 8, 2025)