HomeMy WebLinkAboutResolution No. 506-09 Sr.: -. ��'
p �' ",s� ;n ... w.N +r i'c..` z ,s:'. .✓TM"J = .-rfr. a- - �.-
y tifi ,
- - "7' °i:h"H
'��_�^"` ' :�`°d i- e" 4..E. � ° a � tx-.".w'2' y� �, - (=s°v� �n Gs-k�r � Y 2'',;, �� ;e� =h. r• ;t
RESOLUTION
WHEREAS, on September 20, 1999, the Common Council of the City of Rochester and
the Town of Rochester executed a Joint Resolution for Orderly Annexation for Marion Area #5
(a copy of which is attached and incorporated herein); and
WHEREAS, paragraph 4 of the Joint Resolution allows land contained in the orderly
annexation area to be annexed to the City no earlier than January 1 of the year five years after
the substantial completion of a water or sewer project providing water or sewer service to the
area; and,
WHEREAS, a water or sewer project providing water or sewer service to the area was
substantially completed in 2004; and,
WHEREAS, the legal description for the area covered by the orderly annexation
agreement is attached hereto and identified as Exhibit 1; and,
WHEREAS; January 1, 2010, will be five years after the substantial completion of the
water or sewer project; and,
• WHEREAS, the Council wishes to invoke the procedure described in paragraph 4 of the
Joint Resolution and annex the land contained in the orderly annexation area; and;
WHEREAS, the orderly annexation agreement allows for annexation by resolution and
provides that the Minnesota Municipal Board may review and comment but shall, within 30 days
or receipt of said resolution, order the annexation of the area described in the resolution; and,
WHEREAS, the City's estimate of the population of the area to be annexed is 304 and
the number of households contained in the area to be annexed is 124; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.09201 per kilowatt-hour from January through May and ctober through December, and (b)
.11134 per kilowatt-hour from June through September, and,
WHEREAS, the amount of township taxes on the property to be annexed is $19,175.43
and, in compliance with Minn. Stat. §414.036, the City states that there are no township special
assessments assigned or portion of township debt attributable to the property to be annexed.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the petitioned property described above is hereby annexed, added to and made
a part of the City of Rochester, Minnesota, as if it had originally been a part thereof.
• BE IT FURTHER RESOLVED that this resolution shall take effect and be in force from
and after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
1
the Town of Marion and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /b7-1 DAY OF al)C-VY)B!�9- , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST.
�cJ
ITY CLERK
APPROVED THIS 17M DAY OF 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
•Zone05\OAA\Resl(Marion5)
0
2
BEFORE TIrE
MINNESOTA MUNICIPAL BOARD OR ITS SUCCESSOR
IN THE MATTER OF THE DESCRIPTION OF )
AN UNICORPORATED AREA IN MARION )
TOWNSHIP AS IN NEED OF ORDERLY ) JOINT RESOLUTION FOR
ANNEXATION AND CONFERRING JURISDICTION ) ORDERLY ANNEXATION
OVER SAID AREA IN THE MINNESOTA ) (MARION AREA#5)
MUNICIPAL BOARD OR ITS SUCCESSOR )
PURSUANT TO MINNESOTA )
STATUES §414.0325, Subd. 1 )
WHEREAS, the City of Rochester (hereinafter"City") and Town of Marion (hereinafter"Town") agree
that given the potential health threat from individual sewage treatment systems within the area designated in
Exhibit A, there is a need for municipal sanitary sewer and water services; and
WHEREAS, the City and Town agree that orderly annexation and extension of municipal sanitary sewer
or water services to areas needing such service would benefit the public health, safety and welfare of the entire
community, and the City currently has authority to collect local sales tax funds to pay a portion of the costs for
the extension of sewer or water services to developed areas within the Town; and
WHEREAS, the City and Town agree that there is a public need for the coordinated, efficient and cost
effective extension of City sewer and water in accordance with existing and future needs to promote the public
health and safety by protecting the region's ground water supply and surface waters; and
WHEREAS, the property described in the attached Exhibit A lies within the Urban Service Area of
Rochester, is presently urban or suburban in nature or about to become so and the City is capable of providing
public sanitary sewer,water and storm water facilities within a reasonable time; and
WHEREAS, the extension of public sanitary sewer and water by the City can only be provided in
prioritized phases if the process and timing of annexation is clearly identified and jointly agreed upon in
advance of the capital planning, commitment and expenditure necessary on the part of the City; and
WHEREAS, the establishment of a process of orderly annexation of said lands will be of benefit to the
residents and owners of said lands, and permit the City to extend necessary municipal services in a planned and
efficient manner; and
WHEREAS, for the areas designated in Exhibit A, the City and the Town desire to accomplish the
orderly annexation of said areas and the extension of municipal services in a mutually acceptable and beneficial
manner without the need for a hearing before the Minnesota Municipal Board and, with the purpose of avoiding
a dispute over the annexation of the property described in said Exhibit A, enter into this joint resolution for
orderly annexation pursuant to Minnesota Statutes §414.0325, Subd. 1.
1
NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Town of Marion as follows:
1. The City and Town hereby designate that property situated in the Town of Marion, County of
Olmsted, State of Minnesota, which is legally described on the attached Exhibit A, which is incorporated herein
by reference, as in need of orderly annexation pursuant to Minnesota Statues §414.0325. For ease of reference,
the area legally described in Exhibit A is shown on the attached map, Exhibit B.
2. The Town of Marion hereby withdraws any objections filed and agrees to not file any objections
with the Minnesota Municipal Board, or such other agency which may undertake those duties and
responsibilities currently held by the Minnesota Municipal Board ("successor"), concerning the City's desire or
request to annex any of the property described on the attached Exhibit A. The Town of Marion further agrees
that if it has filed any objections with the Minnesota Municipal Board, or its successor, to the annexation to the
City of any of the property described in attached Exhibit A, the filing of this Joint Resolution with the
Minnesota Municipal Board or statutory equivalent, shall constitute sufficient notice of the withdrawal of the
objections. -
3. The lands designated in Exhibit A attached hereto shall be subject to future annexation to the
City pursuant to the terms and conditions of this joint resolution and shall constitute the "orderly annexation
area" otherwise described in this joint resolution. The City and Town agree that the area legally described in
Exhibit A is designated as in need of orderly annexation and contains approximately 159 acres.
4. Any part or all of the lands described in Exhibit A may, except as otherwise provided, be
annexed to the City no earlier than January 1 of the year five years after the substantial completion of a water or
. sewer project providing water or sewer service to the area. The determination of substantial completion shall be
made by the City's Department of Public Works who shall provide written notice of its determination to the
Town Board.
5. Annexation under this joint resolution shall be initiated by the adoption of a resolution by the
City. No review by or recommendation from the City of Rochester Planning and Zoning Commission regarding
the adoption of a specific annexation resolution is necessary, except as is hereinafter provided.
6. The City and Town agree that upon the occurrence of any event triggering annexation as
provided in this Joint Resolution of the area designated in Exhibit A or any portion thereof, any signatory to this
Joint Resolution may initiate annexation of any area designated in Exhibit A by submitting a resolution so
providing, along with a copy of this Joint Resolution, to the Minnesota Municipal Board, or its successor, the
Town of Marion, and the Olmsted County Auditor/Treasurer. The resolution for annexation shall contain the
boundary description of the area to be annexed and, pursuant to Minnesota Statutes Section 414.01, subd. 14
and Section 414.0325, subd. 1 a, shall contain the City's estimates of the population and number of households
contained in the area to be annexed and the estimate of electrical service cost differences at the time of
annexation.
The City and Town agree that no alteration of the stated boundaries is appropriate, that no consideration by the
Minnesota Municipal Board is necessary, and that all terms and conditions for annexation of the area legally
described in Exhibit A, or any portion thereof, are provided for in this Joint Resolution. Pursuant to Minnesota
Statutes Section 414.0325, upon receipt of a resolution of any signatory to the Joint Resolution for annexation
of the area described in Exhibit A, or any portion thereof, the Minnesota Municipal Board may review and
comment, but shall, within thirty (30) days of receipt of said resolution, order the annexation of the area
described in the resolution in accordance with the terms and conditions of this Joint Resolution.
2
7. Notwithstanding the annexation time line set forth in paragraph 4, any lands contained in the
*orderly annexation area may be annexed to the City prior thereto upon adoption by the City of a resolution
following the procedures as prescribed in paragraph 6 and whenever:
(a) a majority of the property owners submit a petition for annexation or otherwise indicate their
interest to the City or Town in being annexed and receiving sanitary sewer or water service. The
City may consider annexation of said lands after first having the proposal reviewed by the City
Planning and Zoning Commission and receiving a recommendation from that body;
(b) a landowner abuts the City limits and said landowner files a petition for annexation with the
City. In such instance, review by the Rochester Planning and Zoning Commission shall not be
required prior to the City acting upon said petition;
(c) a landowner seeks to develop a residential, commercial, industrial, or governmental use on land
which is platted or subdivided or which is proposed to be platted or subdivided for development
at a density of more than one unit per 40 acres. In such instances, the City may immediately
annex the area proposed to be developed and the adjacent necessary land which, in the City's
discretion, is needed to extend municipal sewer or water service to the area to be annexed; or
(d) the land is owned by a private person but is completely surrounded by land within the City. In
these events the land may be annexed immediately by the City.
Provided further, that the parties hereto may revise the annexation schedule otherwise set forth in
paragraph (4) upon the recommendation of the Olmsted County Health and Planning Departments that the
continued use of private sewer systems in the orderly annexation area present an immediate threat to public or
private water supplies.
8. Pursuant to the provisions of Minnesota Statutes §414.0325, Subd. 5, the parties agree that the
City may, after the effective date of this Joint Resolution, extend its municipal planning and land use controls to
the property described in Exhibit A prior to annexation. To establish its municipal planning and land use
controls, the City shall adopt a resolution identifying the boundaries of the real property subject to municipal
controls and the specific zoning district(s) classification(s) of the subject lands as defined under the Rochester
Zoning Ordinance and Land Development Manual. A copy of the resolution shall be filed with the Town, the
Olmsted County Administrator, and the Olmsted County Recorder's Office.
9. " Lands ordered annexed pursuant to this joint resolution shall not be subject to any differential
taxation as referenced in Minnesota Statutes §414.035. Property taxes payable on annexed land shall continue
to be paid to the Town for the entire year in which the annexation becomes effective. If an annexation becomes
effective on or before August 1 of a levy year, based on the date specified in the order from the Minnesota
Municipal Board, the City may levy on the annexed
area
owngnmmng with continue to levy on the at same levy year.
arannexation
a for tth t
becomes effective after August 1 of a levy year, the Y
levy year. Thereafter property taxes on the annexed land shall be paid to the City.
10. The City shall, in appropriate circumstances, provide notification that the cost of electric utility
service to the customers on the property subject to this joint resolution may change when the land is annexed to
the City if and when the provider of electrical service is transferred from People's Cooperative Power
Association to Rochester Public Utilities. As of the date of this joint resolution, the estimate of the difference in
overall electrical service costs between the two providers is minimal. A resolution of the City to annex certain
property subject to this joint resolution, as referenced in paragraph 7, shall contain a cost estimate of any change
in electric utility services, including rate changes and assessments resulting from the annexation.
3
11. It is the City's intention to provide only sanitary sewer and/or water service to developed lands in
lhe annexation area prior to annexation pursuant to this joint resolution. Thereafter, any other or additional
ocal improvements may be installed by the City in an annexed area:
(a) upon a petition brought pursuant to Minnesota Statutes, Chapter 429, by the benefited
property owner or owners; or,
(b) when three-fourths (3/4) of the City Council determine
ashat it is in
construct public interest
uch to al
of
the residents of the City and of any lands
improvement; or,
(c) when the City and Town enter into an Intergovernment Agreement providing for the
sharing of costs for the local improvement where the sharing of costs is based on the
number of years the improvement shall be in the Town as compared to the
improvement's life expectancy.
12. The City shall have exclusive control over the nature and extent of the installation of municipal
sewer or water. This includes the design and construction of any sewer or water system serving an area of the
Township prior to annexation. The Town, by this agreement, does hereby authorize the City to enter upon the
Town roads for the purpose of constructing, installing, and maintaining any and all sewer and water facilities,
without the need for any further permit or easement. The City shall reimburse itself for the cost of installing
municipal services by entering into connection agreements with individual property owners. The City and
Town recognize that the connection agreements will require payments by the property owners prior to
annexation of the property into the city, and that the payments are appropriately levied as unpaid charges
pursuant to Minn. Stat. Chapters 429 and. 444. The City shall furnish to Town by November 15t` of each
appropriate year a list of properties subject to connection agreements and the amount of special assessments to
be collected from each property. The City shall also provide a list of those properties for which delinquent
water and sewer bills are outstanding. The Town shall certify, on behalf of the City, these amounts to the
Olmsted County Auditor/Treasurer for inclusion in the Real Property Tax Statement due and payable in the
following calendar year. The certification shall direct the Olmsted County Auditor/Treasurer, to collect and
disburse the assessment amounts directly to the City of Rochester. In the event the County Auditor/Treasurer is
unwilling to disburse the funds to the City, the Town shall remit these funds to the City within 30 days of its
receipt of the funds from the County. The City shall assume the responsibility for certification of the special
assessments and service charges upon annexation of the properties into the City.
13. Nothing in this joint resolution shall relieve the Town of its responsibilities for the regular and
normal maintenance of the existing infrastructure of roads, drainage facilities, and street signs until the property
described in the attached Exhibit A has been annexed into the City.
14. Disputes and Remedies. The City and Township agree as follows:
a. Negotiation. When a disagreement over interpretation of any provision of this Joint Resolution
shall arise, the respective City and Township will direct staff members as they deem appropriate
to meet at least one time at a mutually convenient time and place to attempt to resolve the dispute
through negotiation.
b. Mediation. When the parties to this Joint Resolution eunable
t any resolve
dsputes,this Jo Joint
s or
counterclaims, or are unable to negotiate an interpretationprovision
Resolution,the parties may mutually agree in writing to seek relief by submitting their respective
grievances to non-binding mediation.
4
c. Adjudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or
counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution
• or are unable to agree to submit their respective grievances to non-binding mediation, either
party may seek relief through initiation of an action in a court of competent jurisdiction. In
addition to the remedies provided for in this Joint Resolution and any other available remedies at
law or equity, in the case of a violation, default or breach of any provision of this Joint
Resolution, the non-violating, non-defaulting, or non-breaching party may bring an action for
specific performance to compel the performance of this Joint Resolution in accordance with its
terms.
15. Modification/Amendin This Joint Resolution shall not be modified, amended, or altered
except upon the written joint resolution of the City and the Township duly executed and adopted by the City
Council and Township Board of Supervisors and filed with the Minnesota Municipal Board or its successor.
16. C'Toverning Law; Severability. This Joint Resolution for Orderly Annexation is made pursuant to,
and shall be construed in accordance with the laws of the State of Minnesota. In the event any provision of this
Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court
of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect,
and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this
Joint Resolution or other appropriate actions as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties hereto.
17. Entire Agreement. The terms, covenant, conditions, and provisions of this Joint Resolution,
ents, shall constitute the entire agreement between the parties,
• including the present and all future attachm
superseding all prior agreement and negotiations, regarding the annexation area. This Joint Resolution shall be
binding upon and inure to the benefit of the respective successors and assigns of the City and Town.
18. Effective Date- Termination. This resolution shall be effective immediately upon its adoption by
the parties and its filing, by the City and Town, with the Minnesota Municipal Board. The obligations of the
parties to one another according to the terms of this resolution shall terminate at such time that the entire area
designated in Exhibit A has been annexed to the City, or at such time that the City and Town mutually agree in
writing that this joint resolution shall be terminated.
19. Notices. Any notices required to be sent under the terms of this agreement shall be considered
sufficient notice if mailed by first class U.S. mail to the City of Rochester, City Administrator's Office, 201 4"'
Street SE, Rochester, MN 55904, and to the Town of Marion, Marion Town Clerk, 2850 Oakview Court SE,
Rochester,MN 55904.
5
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER,
Mg ZI ESOTA THIS Z&N DAY OF ,- r , 1999.
&S4IDEO&FSZ—��rOMMON COUNCIL
ATTEST:
CITY CLE
APPROVED THIS ZISf DAY OF SC—P IP,RZ— 1999.
MAYOR OF AID CI
(Seal of the City of
Rochester,Minnesota)
PASSED AND ADOPTED BY THE T;OLF MINNESOTA, THIS
DAY OF 1999.
CO
i
ATTEST: u
TOWN C
Zon6order.annex.marion5doc
•
6
i
r l
w
I
® i
I
i
j Exhibit "A"
Marion Township
Orderly Annexation
Area #5
I
Legend
-- ❑ Currently in City
Annexation Area
❑ Marion Township
Exh-ibit "A"
Marion Township Orderly Annexation Area #5
i QVQ
camrrxrw000 DR sE
-.j4 -
m-77
F
c y'
4 § b S
{ C
x T
_
r;
....cS
•
4
d fi
t
�` 5E
Y
J�
f
v
U
K f 37
ST,e,
Y
y y
m _
r
3 ,�s
VVEf CN CT SE
s �
x
N
Annexation Area 300 0 300 600 Feet
City Parcel W E
Marion Township Parcel S �•°�•° ��°
My PrT�b W cb M IIm•+Ix
� 1 1 i
Marion Township Orderly Annexation #5 to be annexed into the City of Rochester, Minnesota on
January 1,2010 legal description:
That part of the Northwest Quarter of Section 21,Township 106 North Range 13 West, Olmsted
County,Minnesota,described as follows:
Beginning at the northwest corner of said Northwest Quarter; thence North 89 degrees
29 minutes 48 seconds East, assumed bearing, along the north line thereof, 1313.29
feet to the east line of the West Half of said Northwest Quarter; thence South 01
degree 23 minutes 50 seconds East, along said east line, 943 feet more or less to the
northerly right of way line of C.S.A.H. No. 36;thence southeasterly along said northerly
right of way line, 1225 feet more or less,to the easterly extension of the north line of
Lot 41, AUDITOR'S PLAT "C"; thence westerly along said line and the north line of Lot
41, a distance of 383.60 feet to the northwest corner thereof; thence southerly along
the east line of Lot 40 in said AUDITOR'S PLAT"C", 128.41 feet to the southeast corner
thereof;thence westerly 717 feet more or less to the easterly right of way line of 42nd
Avenue Southeast;thence northwesterly along said easterly right of way line, 132 feet
more or less to the north line of said Lot 40;thence southwesterly 66 feet more or less
to a point on the westerly right of way line of said 42nd Avenue Southeast and on the
south line of Lot 37 in said AUDITOR'S PLAT"C", thence westerly along said south line,
889 feet more or less to the west line of the Northwest Quarter of said Section 21;
thence North 01 degree 23 minutes 49 seconds West, along said west line, 1906 feet
• more or less to the point of beginning.
And ALSO
That part of the Southwest Quarter of Section 16,Township 106 North Range 13 West, Olmsted
County,Minnesota,described as follows:
Beginning at the northwest corner of the Southwest Quarter of said Section 16;thence
North 89 degrees 18 minutes 59 seconds East, assumed bearing, along the north line
thereof, 1089.00 feet to the northeast corner of HYLAND VIEW SUBDIVISION NUMBER
TWO; thence South 01 degree 08 minutes 37 seconds East, along the east line of said
SUBDIVISION and along the east line of HYLAND VIEW, 536.15 feet to the southeast
corner of said HYLAND VIEW; thence South 89 degrees 18 minutes 59 seconds West,
along the south line of HYLAND VIEW,561.01 feet to the northerly extension of the east
line of Lot 4,Crystal Spring Subdivision;thence South 01 degree 08 minutes 37 seconds
East,along said line and along the east line of said Lot 4,a distance of 416.25 feet to the
northwest corner of Lot 7 in said Subdivision; thence North 89 degrees 24 minutes 23
seconds East, along the north line of said Subdivision, 1056.00 feet to the northeast
corner of said Subdivision; thence South 01 degree 08 minutes 37 seconds East, along
the east line thereof, 363.00 feet to the south line of the North Half of the Southwest
Quarter of said Section 16;thence North 89 degrees 24 minutes 23 seconds East along
said south line, 290.11 feet to a point distant 559.89 feet east of the northwest corner
of the Southeast Quarter of the Southwest Quarter of Section 16; thence South 01
degree 06 minutes 07 seconds East, parallel with the west line of said Section, 299.00
feet;thence North 89 degrees 24 minutes 23 seconds East, parallel with the north line
• of said Southwest Quarter,345.17 feet;thence South 01 degree 06 minutes 07 seconds
East, parallel with the west line of said Southeast Quarter,364.20 feet:thence South 89
Marion Orderly Annexation#5 Page 1 of 2
EXHIBIT "1 "
degrees 24 minutes 23 seconds West, 290.87 feet to the northeast corner of OUTDOOR
THEATRE SUBDIVISION;thence South 01 degree 15 minutes 12 seconds East, along the
east line thereof, 654.40 feet to the south line of said Section 16: thence South 89
degrees 29 minutes 48 seconds West, along the south line thereof, 1927.31 feet to the
southwest corner thereof: thence North 01 degree 08 minutes 37 seconds West, along
the west line of said Section 16,a distance of 2629.14 feet to the point of beginning.
And ALSO
Land Parcel owned by Dale G.Ragan,4204 Countrywood DR SE,Rochester,described as follows:
That Part of the Northwest Quarter of the Southwest Quarter of Section 16,Township 106 North
Range 13 West, Olmsted County, Minnesota, described as follows: Commencing at a point on
the West line 780.3 feet north of the southwest corner of the Northwest Quarter of the
Southwest Quarter then east parallel with the South line of said quarter 1089 feet for the place
of beginning; then East 150 feet;then North 233 feet;then West 150 feet;then South 233 feet
to the place of beginning,subject to easements of North 66 feet therof for roadway purposes.
And ALSO
Land owned by Krek Land Development, LLC, 3244 Marion RD SE, Rochester, described as
follows:
• Lot 3 and Lot 4,Auditor's Plat C
LESS the following two described parcels:
Less land that was annexed into the City of Rochester on August 10, 2005 (OA-663-1 Rochester,
Resolution No.315-05)described as follows:
The east 48 feet of Lot 8,and the West 42 feet of Lot 9,Crystal Springs Subdivision,
Olmsted County,Minnesota,containing 0.61 acres.
Less land owned by Mickel L.Owens and Polly Mattson Owens,3315 42"d Ave SE,Rochester,
described as follows:
Lot 37,Auditor's Plat C
The described Marion Orderly Annexation Area#3 contains in all,158 acres more or less.
This annexation area is to include all public right-of-ways and easements within the above described
areas.
Marion Orderly Annexation#5 Page 2 of 2
McGhie ,
_ Betts nc.
• Consulting Engineers .Y : Land Surveyors
.ATM
Planners
1648 Third Avenue S.E., Rochester, MN 55904 507-289-3919 Fax 507-289-7333
1604 Riverview Lane, Northfield, MN 55057 507-645-0964 Fax 507-645-2642
PROPOSED ORDERLY ANNEXATION DESCRIPTION (AREA #5)
FOR: CITY OF ROCHESTER
DATE: OCTOBER 14, 1999
That part of the Northwest Quarter of Section 21, Township 106 North, Range 13 West,
Olmsted County, Minnesota, described as follows:
Beginning at the northwest corner of said Northwest Quarter; thence North 89 degrees 29
minutes 48 seconds East, assumed bearing, along the north line thereof, 1313.29 feet to
the east line of the West Half of said Northwest Quarter; thence South 01 degree 23
minutes 50 seconds East, along said east line, 943 feet more or less to the northerly right of
way line of C. S. A. H. No. 36; thence southeasterly along said northerly right of way line,
1225 feet more or less, to the easterly extension of the north line of Lot 41, AUDITOR'S
PLAT "C"; thence westerly along said line and the north line of Lot 41, a distance of 383.60
feet to the northwest corner thereof; thence southerly along the east line of Lot 40 in said
AUDITOR'S PLAT "C", 128.41 feet to the southeast corner thereof; thence westerly 717 feet
more or less to the easterly right of way line of 42"d Avenue Southeast; thence
northwesterly along said easterly right of way line, 132 feet more or less to the north line of
said Lot 40; thence southwesterly 66 feet more or less to a point on the westerly right of
way line of said 42nd Avenue Southeast and on the south line of Lot 37 in said AUDITOR'S
PLAT "C"; thence we along said south line, 889 feet more or less to the west line of
the Northwest Quarter of said Section 21; thence North 01 degree 23 minutes 49 seconds
West, along said west line, 1906 feet more or less to the point of beginning.
Also:
That part of the Southwest Quarter of Section 16, Township 106 North, Range 13 West,
Olmsted County, Minnesota, described as follows:
Beginning at the northwest corner of the Southwest Quarter of said Section 16; thence
North 89 degrees 18 minutes 59 seconds East, assumed bearing, along the north line
thereof, 1089.00 feet to the northeast corner?seconds f HYLAND VIE SUBDIVISION
UBDI ISIOng the east line NUMBER sd
TWO; thence South 01 degree 08 minutes 3
SUBDIVISION and along the east line of HYLAND VIEW, 536.15 feet to the southeast
corner of said HYLAND VIEW; thence South 89 degrees 18 minutes 59 seconds West,
along the south line of HYLAND VIEW, 561.01 feet to the northerly extension of the east
line of Lot 4, Crystal Spring Subdivision; thence South 01 degree 08 minutes 37 seconds
East, along said line and along the east line of said Lot 4, a distance of 416.25 feet to the
northwest corner of Lot 7 in said line ofsSubdlaidlSu;bdiv Subdivision, 1056 00 feet to the northeast corner
e North 89 degrees 24 minutes 23
seconds East, along the north
w:lllam:.To:nton.C.E.T.President Janes E.Swanson.L.S.vice President David L.Morrill.
S. 'viceGowin.Pr SS!L.St
K.M.McGh:e.RE—L.S. t90=•1975
Lary J snannon,L.S.
Douglas N. oecs.P.E..L.S.Vice President Andrew J Nasterpole.ASU Daniel J.Zemke.P.E.
1,1— C Cn..urrenn I C
of said Subdivision; thence South 01 degree 08 minutes 37 seconds East, along the east
line thereof, 363.00 feet to the south line of the North Half of the Southwest Quarter of said
Section 16; thence North 89 degrees 24 minutes 23 seconds East, along said south line,
290.11 feet to a point distant 559.89 feet east of the northwest corner of the Southeast
Quarter of the Southwest Quarter of Section 16; thence South 01 degree 06 minutes 07
seconds East, parallel with the west line of said Section, 299.00 feet; thence North 89
degrees 24 minutes 23 seconds East, parallel with the north line of said Southwest Quarter,
345.17 feet; thence South 01 degree 06 minutes 07 seconds East, parallel with the west
line of said Southeast Quarter, 364.20 feet; thence South 89 degrees 24 minutes 23
seconds West, 290.87 feet to the northeast corner of OUTDOOR THEATRE SUBDIVISION;
thence South 01 degree 15 minutes 12 seconds East, along the east line thereof, 654.40
feet to the south line of said Section 16; thence South 89 degrees 29 minutes 48 seconds
West, along the south line thereof, 1927.31 feet to the southwest corner thereof; thence
North 01 degree 08 minutes 37 seconds West, along the west line of said Section 16, a
distance of 2629.14 feet to the point of beginning.
Containing in all, 159 acres more or less.
This proposed annexation area is to include all public right-of-ways and easements within
the above described areas.
•
_(P
SURVEYOR'S AFFIDAVIT
I, Larry J. Shannon, a Land Surveyor licensed under the laws of the State of Minnesota,
hereby certify that the attached EXHIBIT B describes the same property as shown on the
attached EXHIBIT A, Marion Township Orderly Annexation Area # 5.
/_ 7_a o00
Date Larry Y &non,-LS 16096
STATE OF MINNESOTA )
) SS
COUNTY OF DODGE
The foregoing instrument was acknowledged before me this ! day of January, 2000,
by Larry J. Shannon, LS 16096.
Notary Public, Dodge County, MN
• My Commission Expires: 3 -�J)oo
SETH DAVIS
NOTARY PUSUC-MINNESOTA
MY COMMISSION EXPIRES 1.31.2000
This Instrument was prepared by:
McGHIE & BETTS, INC.
1648 Third Avenue SE
Rochester, MN 55904
PH: 507/289-3919
FAX: 507/289-7333
•