ORD 94-03ORDINANCE NO. 94-3
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF NQNNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF
DEVELOPMENT REQUESTS WITHIN THE "LeFEVBRE WATERSHED DISTRICT", THE
BOUNDARIES OF WHICH ARE GRAPHICALLY ILLUSTRATED ON EXHIBIT A.
THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS:
Section 1. Definitions. The following terms whenever used in
this ordinance shall be interpreted to mean:
Development: The division of a parcel of land into two or
more parcels; the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any
structure; any mining excavation, landfill or land
disturbance, and any use or extension of the use of land.
Governmental Projects: A development undertaken by any
department, commission, independent agency or instrumentality
of the United States, State of Minnesota, Wright County, City
of Otsego, authority, district, or other governmental unit.
Section 2. Intent. It is the intent of this Ordinance to
allow the City of Otsego time to complete a previously authorized
indepth storm water drainage study of the area and acquire
necessary drainage easements to effectively accommodate future
development in the area. Said study is for purposes of considering
possible adoption or amendment of the City's Comprehensive Plan or
official controls.
Section 3. Authokity and Purpose. The City Council is
empowered by Minnesota Statutes 462.355, Subdivision 4 to pass an
interim ordinance applicable to part of its jurisdiction for the
purpose of protecting the planning process and the health, safety
and welfare of its citizens.
Section 4. Temporary Prohibition. For one year after the
effective date of this ordinance, or until such earlier time as the
Otsego City Council determines by resolution that then reasons for
said moratorium no longer exist, no new development applications
shall be processed, approved or accepted for lands lying within the
"LeFevbre Watershed District, the boundaries of which are
graphically illustrated upon Exhibit A, attached hereto and herein
incorporated by reference. Exceptions to this ordinance shall
include the following:
(1) Property for which properly completed applications for
development approval were filed on or before 1 January
1994.
(2) Developments which have been previously approved by the
City Council in settlement agreements.
(3) Building permits associated with projects approved on or
before 1 January 1994.
(4) Building permits associated with governmental projects
subject to acceptance by the City of Otsego.
(5) Any development or portion of development related to that
proposed project identified as the "third industrial
site" (Exhibit B), located within the watershed
boundaries as delineated on Exhibit A, subject to
approval of proposed storm drainage facilities by the
City Engineer.
Section S. Misdemeanor. Any person, persons, firm or
corporation violating any provisions of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof, shall be
punished pursuant to Minnesota Statutes 609.02, Subdivision 3, or
as subsequently amended, plus costs of prosecution.
Section 6. Injunctive Relief. In the event of a violation of
this ordinance, the City may institute appropriate actions or
proceedings, including requesting injunctive relief to prevent,
restrain, correct or abate such violations.
Section 7. Separability. It is hereby declared to be the
intention that the several provisions of this ordinance are
separable in accordance with the following: If any court of
competent jurisdiction shall adjudge any provision of this
ordinance to be invalid, such judgement shall not affect any other
provisions of this ordinance not specifically included in said
judgement.
Section 8. Effective Date. This ordinance shall take effect
from and after its passage and publication and shall remain in
effect until one year after the effective date, unless a shorter
period of time is approved by proper resolution of the Otsego City
Council.
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PASSED by the City Council of the City of Otsego this 28th day of
February 1994.
ATTEST:
By:
CITY OF OTSEGO
By: &,,, 0`
Norman Freske, Mayor
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Certificate of SurvGy
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the West line -of said Southwelpt quarter ofSoutheast quarter
'a distance of 272.00 feet to the point of beginning; thence
continue North 00• 00' 00" East, along said Nest line, a
distance of 347.00 feet; thence South 906 00. 00" East a
;distance of: 313.53 feet; thence South 00. 00. 00" Nest a
distance of: 347.00 feet; thence North 90• 00. 00" Nest a
distance of 313.53 feet to the point of beginning. Subject
to public road easement. Subject to all recorded documents.
according to the Y.S. Government Survey thereof.
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We hereby certify that this is a true
sad correct representation of a survey
wrmw ant w run of the boundaries of the land described
0 0,00199 IUM mom■999 above. It does not purport to show
Improvements or eneroschmenslfe If
a y, surveyed by ext thledgr of AIMR-ROHLIN,PC�/ Sj�l REVISIONS
1 19�• NRr�m,a,6r"'iN.�mw.N'iAM°"ir.a minis `J' 6ZS�9�/
DATE
BY �� O"AN" By SOORFigeNELT1 O, fILE AANO.
I�SNECi3 Ito $J
For '
Lin -Bat Development Inc.
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Deed of Record
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The South Half of the southrost quarter, Section Twee 1
eight (2e), Township one Hundred Twenty-one (1211,
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Twenty three (23), excepting therefrom the following des-
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cribed tractal The North 416 feet of the west 242 feet of
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the Southwest quarter of the Southeast Ounrter; the went 330
feet of the East 660 feet of the South Half of the Southeast
Quarter; the test 330 feet of the South Hair of the
(Southeast quarter; the East I95 feet of the Nest 347 feet of
the North 416 feet of the Southwest Quarter of the Southeast
Quarter. all in Section Twenty-eight (26), Township One
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Hundred Twenty-one (121). Range Twenty-three (23) ; and ALSO
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that part of the Southwest Quarter of the Southeast
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Quarter of Section Twenty-eight (28). Township One Hundred
Twenty-one (121), Range Twenty-three (23), Wright County,
Minnesota described follows: Commencing the
as at Southwest
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2;'"41Ft�i+, «a1(pmlyil,Mlri t•
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corner of said southwest Quarter of Southeast Quarter;
� �the�re on an assumed bearing or North 00" 00• 00" East along
.t�lw.l%'1►.�4 �
the West line -of said Southwelpt quarter ofSoutheast quarter
'a distance of 272.00 feet to the point of beginning; thence
continue North 00• 00' 00" East, along said Nest line, a
distance of 347.00 feet; thence South 906 00. 00" East a
;distance of: 313.53 feet; thence South 00. 00. 00" Nest a
distance of: 347.00 feet; thence North 90• 00. 00" Nest a
distance of 313.53 feet to the point of beginning. Subject
to public road easement. Subject to all recorded documents.
according to the Y.S. Government Survey thereof.
1
We hereby certify that this is a true
sad correct representation of a survey
wrmw ant w run of the boundaries of the land described
0 0,00199 IUM mom■999 above. It does not purport to show
Improvements or eneroschmenslfe If
a y, surveyed by ext thledgr of AIMR-ROHLIN,PC�/ Sj�l REVISIONS
1 19�• NRr�m,a,6r"'iN.�mw.N'iAM°"ir.a minis `J' 6ZS�9�/
DATE
BY �� O"AN" By SOORFigeNELT1 O, fILE AANO.
I�SNECi3 Ito $J