HomeMy WebLinkAboutResolution No. 232-13•
RESOLUTION
WHEREAS, on June 10, 2005, the Common Council of the City of Rochester and the
Town of Haverhill executed a Joint Resolution for Orderly Annexation (a copy of which is
attached and incorporated herein); and
WHEREAS, paragraph 3 (A) (i) of the Joint Resolution allows land contained in the
orderly annexation area to be annexed to the City whenever a majority of the property owners of
a contiguous parcel of land located entirely within the Annexation Area petition for annexation
and when the City adopts a resolution in compliance with paragraph 6 of the Joint Resolution;
and,
WHEREAS, a majority of the property owners of a contiguous parcel of land located
entirely within the Annexation Area petition have petitioned for annexation ("Petitioned
Property"); and
WHEREAS, the legal description for the Petitioned Property is as follows:
A part of the Southwest Quarter of Section 18, Township 107, Range 13, Olmsted
County, Minnesota, described as follows:
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Commencing at the southwest corner of said Southwest Quarter; thence South 89
degrees 43 minutes 49 seconds East assumed bearing, along the south line of said
Southwest Quarter, 1151.62 feet to the east line of the West 1151.50 feet of said
Southwest Quarter, for a point of beginning; thence North 00 degrees 33 minutes 08
seconds West, along said east line, 1312.11 feet to the south line of WEIH
SUBDIVISION, according to the plat thereof on file at the County Recorder's office,
Olmsted County, Minnesota; thence South 89 degrees 53 minutes 37 seconds East,
499.71 feet to the southeast corner of said WEIH SUBDIVISION, thence northerly 513.47
feet to a point which is South 00 degrees 32 minutes 30 seconds East, 800.00 feet from
the northeast corner of said WEIH SUBDIVISION; thence East, parallel with the north line
of said Southwest Quarter, 369.28 feet; thence South 06 degrees 04 minutes 39 seconds
East, 577.86 feet; thence North 82 degrees 01 minutes 18 seconds East, 485.08 feet to
the east line of said Southwest Quarter; thence South 00 degrees 10 minutes 32 seconds
East, 1323.87 feet to the southwest corner of said Southwest Quarter; thence North 89
degrees 43 minutes 49 seconds West, along the south line of said Southwest Quarter,
1397.13 feet to the point of beginning.
Said parcel contains 46.63 acres more or less; and
WHEREAS, as the Petitioned Property satisfies paragraph 3 (A) (i) of the Joint
Resolution, the City Council wishes to invoke the procedure described in paragraph 6 of the
OJoint Resolution and annex the Petitioned Property; 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,
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WHEREAS, the City's estimate of the population and number of households contained in
the Petitioned Property is zero; 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 October through December, and (b)
.11134 per kilowatt-hour from June through September.
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,
the Town of Haverhill and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS XO nj DAY OF ff&j , 2013.
IDENT O
ATTEST: J
CITY CLERK
D COMMON COUNCIL
APPROVED THIS 05r DAY OF _ /,Y , 2013.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\OAA\Res1(Haver)
0
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•.
BEFORE THE
MINNESOTA BOUNDARY ADJUSTMENTS OFFICE
OF THE DEPARTMENT OF ADMINISTRATION
IN THE MATTER OF THE DESCRIPTION OF )
AN UNINCORPORATED AREA IN HAVERHILL )
TOWNSHIP AS IN NEED OF ORDERLY ) JOINT RESOLUTION FOR
ANNEXATION AND CONFERRING JURISDICTION ) ORDERLY ANNEXATION
OVER SAID AREA ON MINNESOTA )
BOUNDARY ADJUSTMENTS OFFICE )
OF THE DEPARTMENT OF ADMINISTRATION )
PURSUANT TO MINNESOTA STATUTES )
SECTION 414.0325, Subd. 1 ) -
JOINT RESOLUTION / ORDERLY ANNEXATION AGREEMENT
THIS ORDERLY ANNEXATION AGREEMENT is entered into this 16M of
2005, by and between the CITY OF ROCHESTER, MINNESOTA (the "City")
and HAVERHILL TOWNSHIP (the `Township").
WHEREAS, Minn. Stat. § 414.0325 authorizes townships and municipalities to provide
for the orderly annexation of unincorporated areas that are in need of orderly annexation;
and,
WHEREAS, the City and the Township agree that there is a public need for the
coordinated, efficient and cost effective extension of the City services to promote the public
health, well being, and safety; and,
WHEREAS, the property described in the attached Exhibit "A" (hereinafter referred to
as "Annexation Areal is presently urban or suburban in nature or about to become so, and
the City is capable of providing City services within a reasonable time; and,
WHEREAS, the extension of City services can only be provided in prioritized phases
and if the process and timing of annexation is clearly identified and jointly agreed upon in
advance of the City's capital planning, commitment and expenditure; 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, the City and the Township desire to accomplish the orderly annexation of
the Annexation Area and the extension of municipal services in a mutually acceptable and
beneficial manner without the need for a hearing before the Municipal Boundary Adjustments
Office of the Minnesota Department of. Administration (MBA) or its successor (this reference
to the MBA is intended to include this or any other agency succeeding the Minnesota
Municipal Board) and, with the purpose of avoiding an annexation dispute, enter into this joint
resolution for orderly annexation pursuant to Minnesota Statutes 414.0325, Subd. 1.
NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Township
that the parties enter into this Joint Resolution Orderly Annexation Agreement (hereinafter
referred to as "Agreement") and agree to the following terms:
1. The City and Township hereby designate that property situated in the
Annexation Area as in need of orderly annexation pursuant to Minnesota Statutes*414.0325.
The legal description for the Annexation Area is provided on Exhibit "A" attached hereto. A
map of the Annexation Area is provided in Exhibit 'B" attached hereto for the convenience of
the parties.
2. The City and Township shall jointly request that the entire'area described in
Exhibit "A" and illusteated in Exhibit "B" be included as Urban Service Area within the
Olmsted County Land Use Plan.
3. Annexation of land within the Annexation Area.
(A) The City shall have the right to annex by resolution any land within the
• Annexation Area at any time subject only to the annexation provisions of this
agreement and when such, land meets one or more of the following criteria:
(i) a majority of the .property owners in a subdivision (defined
as all of the lots on an individual plat filed for record in the
Olmsted County Recorder's Office) in which .one or more
parcels are contiguous to the City, or a majority of the
property owners of a contiguous parcel of land located
entirely within the Annexation Area petition for annexation;
(ii) .the City decides to add an arterial or collector road to its
Municipal State Aid Street System that is designated on the
ROCOG Thoroughfare Plan, but only to the extent of the
right-of-way needed for said road and such land annexed
for right-of-way purposes by itself shall not be used as the
basis for surrounding an area to allow annexation by
ordinance;
(iii) the City determines by resolution that land, right-of-way or
easements are needed for a' public works improvement
project designed to provide sanitary sewer pumping and
conveyance facilities, water supply, water storage or water
conveyance facilities, stormwater retention, stormwater
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detention or stormwater conveyance facilities, but only to
the extent needed for said facilities and such land annexed
for public improvement facility purposes by itself shall not
be used as the basis for surrounding an area to allow
annexation by ordinance;
(iv) the City receives an annexation petition from a landowner;
or
(v) the City owns the land
(B) The City may, by resolution, annex land within the Annexation -Area which is
completely surrounded by property within the City, without a petition from a
majority of the owners of such property, provided that all of the following criteria
are met as to such land:
(i) The land has been completely surrounded by land within the
City, for a period of at least two years prior to the annexation
of the surrounded land; and
(ii) Land annexed pursuant to paragraphs 3(A)(ii) or 3(A)(iii) is
excluded from the determination of whether the surrounded
land is completely surrounded by land within the City.
(C) The City may annex any interim development land situated in the Annexation
Area only if the , annexation occurs 12 years after the execution of the - Interim
Development Agreement (DA). For purposes of this Agreement, the term "interim
development" shall mean residential development: (1) outside the City; (ii) after the
date of this Agreement; and (Ili) before the availability of city utilities (City sanitary
sewer and municipal water services) only on those lands as delineated on Exhibit
C to this Agreement.
(D) If the City receives a petition for a WQPP improvement project by a majority of
the property owners within the 22nd Avenue NE area (Weih Subdivision) pursuant
to Section 21 of this Agreement, and the WQPP improvements are completed, the
City agrees to wait to annex the 22nd Avenue NE area (Weih Subdivision) for a
period of three years after the municipal sewer and water improvements have
been completed.
4. The Township will not file any objection with the MBA concerning the City's
annexation of any land within the Annexation Area so long as the annexation complies with
the terms and conditions of this Agreement. If the Township has already filed such an
objection with the MBA, the filing of this Agreement with the MBA shall constitute withdrawal
-of the objection.
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5. If the City intends to annex a parcel of property in the Annexation Area, the City
shall, within 14 days of receipt of a petition to annex, submit to the Township the following:
(A) The legal description of the property to be annexed and a map of the property
to be annexed;
(B) A description of the proposed use of said property if known; and
(C) Any General Development Plan for the parcel to be annexed, if one has been
submitted to the City for review and comment.
6. The City will initiate annexation pursuant to this Agreement by City Council
resolution ("Annexation Resolution"). The City Planning and Zoning Commission is not
required to review the City's adoption of an Annexation Resolution. The Annexation
Resolution must be filed with the MBA, the Township and the Olmsted County
Auditor/Treasurer. The Annexation Resolution must contain the boundary description of the
area to be annexed and, pursuant to Minn. Stat. §§ 414. 01, subd. 4, and 414.0325, subd.
1a, must contain the City's estimates of the population and number of households in the area
to be annexed. It must also contain a cost estimate of any change in electrical utility
services, including rate changes and assessments which might occur from the annexation.
The resolution must also identify one or more paragraphs of this Agreement which authorize
such annexation.
7. Upon the filing of the Annexation Resolution with the MBA, the parties will not
request any alteration of the boundaries of the land to be annexed or any change in the
annexation of the land not provided for in this Agreement. The MBA may review and
comment on the Annexation Resolution, but may not otherwise consider the resolution or
alter the annexation boundaries. Within 30 days of receipt of the Annexation Resolution, the
MBA must order the annexation of the area described in the Annexation Resolution in
accordance with the terms and conditions of this Agreement.
8. Lands ordered annexed pursuant to this Agreement will 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 Township for the entire year in which the
annexation becomes effective. If the MBA's order approving the annexation becomes
effective on or before August 1 of a levy .year, the City may levy on the annexed area""
beginning with that same levy year. If the MBA's order becomes effective after August 1 of a
levy year, the Township may continue to levy on the annexed area for that levy year.
Thereafter, property taxes on the annexed land must be paid to the City.
9. The City will provide the following property tax re-imbursement payments to the
Township for land within the Orderly Annexation Agreement Area that are annexed to the
City:
(A) For undeveloped land as of the date of this agreement, the City will make
payments to the Township taxes on undeveloped land at its estimated market
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value at the time of annexation, regardless of whether the property is later
developed. "Undeveloped land" is defined as any parcel without -a' structure or
that contains a structure and yet is greater than 30 acres in size. The annual
payments shall commence in the year following the annexation and will be
provided pursuant to either 9(A)I, 9(A)ii or 9(A)iii as applicable.
i) For undeveloped lands that qualify for the Agricultural
Property Tax under the provisions of Minnesota
Statutes 273.111 (commonly referred to as the
"Green Acres" tax law), the City will make ten yearly
payments equal to the Township taxes on the
agricultural market value at the time ofannexation,
regardless of whether the property is later developed.
The annual payments shall commence in the year
following the annexation.
ii) In addition, for undeveloped lands that qualify for the
reimbursement of any deferred property taxes under
the "Green Acres" provisions on any parcel of land
within the OA area, the City agrees to provide
reimbursement for the deferred taxes if the deferred
taxes are for a year in which the land was within
• HaverhillTownship. The reimbursement shall be
provided to the Township for .each year after the
i property s annexed, not to exceed three (3) years.
iii) For other undeveloped lands, the City will make four
yearly payments equal to the Township taxes'on the
market value at the time of annexation. The annual
payments shall commence in the year following the
annexation.
(B) For lands that have already been developed prior to the date of this agreement,
the City will make declining payments annually over five years. The first year
payment will be 90% of the township taxes on the annexed land in the year of
annexation. The second year payment will be 70% of the township taxes on
the annexed land in the year of annexation.. The third year payment will be
50% of the township taxes on the annexed land in the year of annexation. The
fourth year payment will be 30% of the township taxes on the annexed land in
the year of annexation. The fifth year and final payment will be 10% of the
township taxes on the annexed land in the year of annexation. Developed
lands are defined as lands upon which a building structure exists on the County
tax records prior to the date of execution of this agreement. An exception is
that there will be no annual declining payments for Weih Subdivision if the City
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installs the WQPP improvements and the City waits three years to annex this
subdivision as provided for under Section 3(D) of this Agreement.
(C) For interim residential developments that are approved in the Annexation Area
after the date of this agreement, the City will make no township property tax re-
imbursement payments to the Township.
10. Any tax payments due to the Township pursuant to this Agreement will be
made within .30 days of receipt by the City of the tax distribution from Olmsted County.
11. Interim residential development will be permitted only for those lands within the
Annexation Area as shown on the attached Exhibit C, and only if the interim, residential
development complies with the following:
(A) the development complies with the Olmsted County Land Use Plan,
dated November 14, 1995, updated June, 2002, and any amendments
approved by the Olmsted County Board and the corresponding Olmsted
County Future Land Use Map ("Land Use Plan").
(B) the development complies with any applicable' General Development
Plan for the project or area* as approved by the City, the City's
subdivision controls, capital improvement standards and zoning
regulations; and
• (C) the developer agrees to enter into a City -approved Connection
Agreement ("CA") and Interim Development Agreement ("DA") wherein
the developer agrees to construct a County and City -approved
community -based water system or equal that is approved by the City
and City -approved sewer system and sewage treatment system, both of
which must be fully compatible for incorporation into the City's public
water and sewer system.
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12. If the development complies with paragraph 11 of this ,Agreement, the
Township and the County may approve a residential interim development provided that the
developer enters into a City -approved CA and DA. Parties to the DA must include the.
County, the Township and the City.
13. The DA must provide (but is not limited to) the following:
(A) . the affected property owners, the developer and the Township will agree
.that the land upon which the development is located will be annexed to
the City pursuant to paragraph 3(C) of this agreement;
(B) provision of water supply and sewage treatment in accordance with
paragraph 11 of this Agreement;
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(C) the developer agrees to construct 'a Township and City -approved
community based sewer system and sewage treatment system, which
must be fully compatible for incorporation into the City's public sewer
system.
(D) the developer will construct, create an escrow account for, or pay a fee
to the City an amount equal to the cost of providing any and all on -site
and off -site capital improvements or facilities (such capital improvements
being substantially similar to the types of capital improvements required
of developments within the City contemporaneous with the Interim.
Development) in an amount as reasonably determined by the City,
including, but not limited to, public sanitary sewer and watermain, roads,
bicycle and pedestrian facilities, storm drainage and, "stormwater
management facilities, and parks/recreational space that are required to
provide the public infrastructure and services needed to serve the
Annexation Area;
(E) if requested by the City and consistent with requirements of City
development policies and regulations were the property located in the
City, the developer will extend these public facilities through the
development to serve adjacent properties;
(F) property located in the Annexation Area will be subject to the payment of
• development related charges associated with publicly provided
infrastructure. This infrastructure includes, but is not limited to, sanitary
sewer, watermain, water towers, storm sewer, roadway improvements,
storm water management and parkland. The charges become due and
payable upon development or connection to city utilities; and,
(G) payments for related infrastructure improvements must be made
pursuant to standardized charges at the time of development of the
property. These standardized charges are those based upon the City of
Rochester policies in effect at the. time of development.
14. Residential development, with a density of non -farm development higher than
that permitted by the Olmsted County Zoning Ordinance in effect as of the date of this
Agreement, will not be permitted in the 0 to 10 year area as shown on the attached Exhibit B.
This prohibition applies to a subdivision or a single parcel of land including a development
that has residential or combined residential and non-residential uses within the 0 to 10 year
area of the Annexation Area. This prohibition does not apply to land located within the City.
15. Olmsted County has not in its Land Use Plan designated any lands within the
Annexation Area as. Suburban Development Areas. Under the terms of this Agreement, the
lands included within the Annexation Area are designated for future urban development
within the City of Rochester. The Township shall not initiate, seek, or support any request to
• the Olmsted County Board or Planning Commission for designation of any Suburban
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Development Areas within the Annexation Area, and further the Township shall oppose any
efforts to include any of the lands within the Annexation Area into any governmental
jurisdiction other than the City of Rochester or Olmsted County.
16. Nothing in this Agreement relieves the Township of its governmental
responsibilities for the Annexation Area, including but not limited to the regular and normal
maintenance of the existing infrastructure of roads, drainage facilities, and street signs. The
Township's continuing governmental responsibilities for an annexed area continue until the
date of the MBA's order approving the annexation.
17. The continued investment of public funds to maintain public roads is an
essential function of the local government. Recognizing such obligation, the Township will
maintain public roads within the Annexation Area in a satisfactory condition. the City will
name the Township as an additional insured party in the owner contracts for the construction
of public infrastructure in cases that development takes access from a Township road. The
Township must crack -fill, seal -coat and overlay all paved Township roads in the Annexation
Area on a preventive maintenance schedule. If the City annexes a Township roadway before
the expiration of the useful life of any major maintenance activity undertaken after the
adoption of this agreement, the City will reimburse the Township for the pro rata cost of the
remaining useful life, as determined consistent with Exhibit "D", of the major maintenance
activity. For purposes of this agreement, a major maintenance activity shall be one that had
a total cost of $10,000 or more, adjusted annually in accordance with the Construction Cost
Index of the Engineering News Record. Exhibit "D" is attached to this Agreement to show the
preventive maintenance schedule and the manner in which pro rata costs will be calculated.
18. In instances in which a City subdivision takes direct connection onto a Haverhill
Township roadway and the subdivision traffic results in increased annual Township
maintenance costs for that segment of roadway as determined by the County Engineer, the
City agrees to provide an annual maintenance contribution to Haverhill Township for the
actual increased maintenance costs as determined by the County Engineer up to but not
more than $10,000 per mile of roadway, adjusted annually in accordance with the
Construction Cost Index of the Engineering News Record.. Roadway segment shall be
defined as that portion of a Haverhill Township roadway that extends between the
intersections of two public roads at either end of the segment.
19. All utility extensions within the Annexation Area will be consistent with the City's
policies concerning the extension of municipal utilities.
20. The City will construct and provide water, sanitary sewer, storm sewer and
street improvements to the Annexation Area as requested by the owner, pursuant to state
and local law, at the discretion of the City and based on the City's policies then in effect.
21. The City agrees to reserve Water Quality Protection Program (WQPP) funds in
an amount not to exceed $15,000 per developed lot and $300,000 in aggregate, for the
properties located along 22"d Avenue NE as identified on Exhibit E for a period of time no
• longer than two (2) years from the time of sewer and water mains being in place to serve the
E:?
properties; provided that a WQPP improvement project is petitioned for by a majority of the
• property owners within that time. The specific amount of WQPP funds to be provided to each
property if a project proceeds will be determined solely by the City in accordance with the
WQPP policy in effect at that time.
22. The City and Township agree that the City's zoning and subdivision authority
do not apply within the Annexation Area until the time of annexation, with the exception of
general development planning as a guide to the land subdivision process. However, the.
Township shall forward any zoning or subdivision applications to the City for review and
comment prior to Township action on such application.
23. This Agreement provides the exclusive procedure by which the unincorporated
property identified in the Annexation Area may be' annexed by the City.
24. The Township and City will meet at least once every five years to review the
status of the annexation and development of the Annexation Area. A request from either
party to this Agreement will be sufficient to initiate the review meeting.
25. This Agreement will terminate when the parties adopt a joint resolution of
termination, when all of the land within the Annexation Area is annexed to the City, or on
January 1, 2034, whichever occurs first.
26. Disputes concerning this Agreement shall be resolved as follows:
(A) Negotiation. When a disagreement over interpretation of any provision
of this Agreement occurs, City and Township staff members must meet
at least once at a mutually convenient time and place to attempt to
resolve the dispute through negotiation.
(8) Mediation. When the parties are unable to resolve a dispute, claim or
counterclaim, or are unable to negotiate an interpretation of any
provision of this Agreement, the parties may mutually agree in writing to
seek relief by submitting their respective grievances to non -binding
mediation.
(C) Adjudication. When the parties are unable to resolve a dispute, claim, or
counterclaim, or are unable to negotiate an interpretation of any
provision of this Agreement 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 Agreement and any other
available remedies at law or equity, in the case of a violation, default or
breach of any provision of this Agreement, the non -violating, non -
defaulting, or non -breaching party may bring an action for specific
performance to compel the performance of this Agreement in
accordance with its terms.
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• 27. This Agreement may not be modified, amended, or altered except upon 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 MBA.
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28. This Agreement 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 Agreement is
determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of
competent jurisdiction, the remaining provisions of this Agreement shall remain in full force
and effect.
29. The terms, covenants, conditions, and provisions of this Agreement, including
the present and all future attachments, shall constitute the entire agreement between the
parties, superseding all prior agreement and negotiations, regarding the Annexation Area.
There are no understandings, agreements or.assumptions other than the written terms of this
Agreement. ,
30. This Agreement shall be binding upon and inure to the benefit of the respective
successors and assigns of the City and the Township. Specifically, this Agreement is binding
upon the governmental entity that survives or is created by the Township's action to merge,
consolidate, detach, annex, reorganize or incorporate.
31. This resolution shall be effective immediately upon its adoption by the parties
and its filing with the MBA. This Agreement shall terminate as provided in paragraph 25 of
this Agreement, except that the tax sharing obligations of the City arising under this
Agreement shall survive the termination of this Agreement until such obligations have been
completely fulfilled.
32. 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 4th Street SE, Rochester, MN 55904; and to the Haverhill
Township Clerk.
33. Properties located in Exhibits A and B shall be subject to the payment of
development related charges associated with publicly provided infrastructure for sanitary
sewer, watermain, water towers, storm sewer, roadway improvements, storm water
management and parkland. Charges for property located outside of the corporate limits of
the City of Rochester (Exhibits A and B) shall be deferred until such time as the property is
annexed and/or developed. Costs for said improvements shall be' based on the policies in
effect for the City of Rochester at the time of development. Property within the corporate
limits of the City of Rochester are also subject to development related charges as outlined
above. Payments for related infrastructure shall be made pursuant to levied assessments for
the infrastructure or at the time of the property's development. Costs. for said improvements
shall be based on the policies in effect for the City of Rochester at the time of development or
as established in the assessment procedures.
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34. The Township and City agree that upon adoption and execution of this Joint
• Resolution, the City shall file the same with the Department of Administration Municipal
Boundary Adjustments Office and pay the required filing fee.
35. The Township and City agree that in the event there are errors, omissions or
any other problems with the legal description provided in Exhibit A or mapping provided in
Exhibit B, in the judgment of the Department of Administration, the City and Township agree
to make such corrections and file any additional documentation, including a new Exhibit A or
Exhibit B making the corrections requested Or required by the Department of Administration.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER,.MINNESOTA, THIS (AWN DAY OF C;I46 , 2005.
� V_Z/V�
PRESIDENT OF ROCHESTER COMMON COUNCIL
ATTEST:
CITY CLE K
APPROVED THIS 707 DAY OF c-ZWE , 2005.
MAYOR OF CITY OF ROCHESTER
(Seal of the City of
Rochester, Minnesota)
PASSED AND ADOPTED BY J. TOWNSHIP, OLMSTED COUNTY,
MINNESOTA, THIS L4_� DAY OF , 2005.
JEROME LAWLER f
N tury Fub1b-MKk *wota
�y aeerMw+ E*= in M. XM1
CHAIRMAN. TOWN BOARD
ATTEST:
•
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This document prepared by:
• Rochester City Attorney's Office
201 Fourth Street S.E., Room 247
Rochester, MN 55904
Zone2COM=WAnnex.KWnwl G
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N . EXHIBIT A
Haverhill Township Orderly Annexation Agreement Legal Description
That part of Township 107 North, Range 13 West, described as follows:
Commencing at a point on the SW corner of the SW 1/4, Section 7, thence N
00°36'34" E a distance of 378.46 feet; thence S 31 °25'34" E a distance of 1320
feet, thence N 56"23'11" E a distance of 380 feet; thence S 49011'19" E a
distance of 723.91 feet to the SW corner of Block 4, Hawthorn Hills Second
Subdivision; thence S72047'28" E a distance of 269.25 feet; thence N17012'32" E
a distance of 377.51 feet; thence S 89015'30" E a distance of 197.75 feet; thence
S01 °00'44" W a distance of 304.72 feet; thence N63031'01" E a distance of
129.15 feet; thence A=27°13'22", R=233.00, CHD.=109.67,
CHD.BR.=N77°07'42" E a distance of 110.71 feet; thence S89015'36" E a
distance of 161.57 feet; thence 0004424" E a distance of 220.00 feet; thence
S89017'11" E a distance of 66.00 feet (across Hawthorn Hill Road NE); thence S
00044'24" W a distance of 103.72 feet; thence S 2302421" E a distance of
243.65 feet; thence N 59016'55" E a distance of 1711.20 feet; thence N 58026'57"
E a distance of 210.68 feet; thence due east .to the SE corner of Section 7;
thence S 01 °21'09E E a distance of 405.03 feet; thence S 53032'21" W a
distance of 550.80 feet; thence S 60027'57" W a distance of 434.54 feet; thence
• S 17011'21" W a distance of 320.00 feet; thence S 24009'39" E a distance of
365.00 feet; thence S 89009'39" E a distance of 430 feet; thence N 77017'20" E' a
distance of 371.47 feet; thence N77017'20" E a distance of 238.53 feet; thence S
76022'19" E a distance of 560.00 feet; thence S 75022'19" E a distance of 215.00
feet, thence N 23035'45" E a distance of 321.53 feet; thence N 80016'34" E a
distance of 208.80 feet; thence N 01 °12'23" W a distance of 490.00 feet; thence
N 01°12'23" W a distance of 845.51 feet to the NE corner of the NW 1/4, NW 1/4,
Section 17; thence N 01 029'04" W along the East line of the SW 1/4, SW 1/4,
Section 8 a distance of 662.47 feet; thence due east to the east line of the SW
1/4, Section 8; thence due south along said line to the SE corner of the SE 1/4,
NW 1/4, Section 20; thence continuing south a distance of 330 feet; thence due
west a distance of 562 feet; thence due south a distance of 660 feet to the plat
boundary of Osjor Estates Subdivision; thence west along the north line of Osjor
Estates Subdivision a distance of 499 feet; thence southwesterly along Lot 5,
Osjor Estates Subdivision a distance of 257.6 feet; thence southeasterly along
Lot 6, Osjor Estates Subdivision a distance of 130 feet; thence continuing
southeasterly along Lot 6, Osjor Estates Subdivision a distance of 185 feet; to
the north line of the Providence Addition; thence S 89037'01" W a distance of
285.00 feet, thence N 54°42'29" W a distance of 433.46 feet; thence .S 80016'32"
W a distance of 217.67 feet; thence west 272.87 feet; thence S 23059'28" W a
distance of 52.68 feet; thence S 29058'01" W a distance of 191.68 feet; thence S
10°33'14" W a distance of 91.86 feet; thence S 08"39'49" E a distance of 95.94
feet; thence S 32"47'40" E a distance of 141.63 feet; thence S 24025'10" E a
distance of 100.50 feet; thence S 19005'20" E a distance of 62.00 feet; thence
west a distance of 546.51 feet to the east line of Emerald Hills Subdivision;
thence N179013'03" W a distance of 1699.74 feet; thence S 89°13'33" W a
• distance of 1336.79 feet; thence N 178058'29" W a distance of 400 feet; thence
continuing north along said East line of the SW 1/4, NE 1/4, Section 19 to the SE
corner of the SW 1/4, SE 1/4, Section 18; thence west along the south line of
Section 18 to the SW corner of the SW 1/4, SW 1/4, Section 18; thence north
along the west line of Section 18 to the point of beginning.
•
0
I. "Mold"m
IN
• I Exhibit C —Haverhill Orderly Annexation Agreement
Interim Development Area
•
40
•
•
EXHIBIT • b
Roadway Infrastructure Maintenance
I Pavement Maintenance
Frequency of Life
Annual
Strategy
Strategy
Expectancy
Depreciation
Crack Fill
15 years
5 years
20%
per year
Seal Coat
15 years
5 years
20% per year
Bituminous Overlay
I
I
19 years112
9 years
11.1 %per year
1 �" —1 '�'
12 years
years
8.3 % per year%1
'/."
15 years5
years
6.7 %per year-/.'
— 2"
18 years8
years
5.5 %per year
I Culvert Crossing Replacement
125 years
125 years
4% per year
(3-way / 4-way roadway
!
I
' intersections or Drainageway /
1
Creek Crossings)
Gravel Roadway
Expansion - Widening
i As needed
1 25 years
1 4% per year
Bridge Replacement
175 years
75 years
1, 1.3 per year
NOTE: Work items in excess of S10,000.00 shall be co -authorized between the
City and the Township.
Exhibit E — WQPP Area within Haverhill
Orderly Annexation Agreement area
4
•
•
RCB330MI PLABSVEN RECAP Collection System
5/15/2013 10:'17:12 Inquiry - Bill Comparison
,,,,,,,,,,, P),7,3,•,1,8,•,3,4,•,03,3,4,5,9,,,,,,,,,,,,,,,
o e .
2013
Non-JOBZ Taxable Value 513,400
Non-JOBZ Tax Capacity 5,134
Property Hstd/Classification NON-HSTD NON-HSTD
AGRICULTURAL AGRICULTURAL
HAVERHILL TOWNSHIP
ROCHESTER SCHOOL DST
W 1/2
COUNTY
512.58
1,108.12
253.62
3,102.36
(Y)
P.UPNP. ,IUD P,E.Vg,I�oPk�ENT, A4C, , , , ,
,PAI, ,
2012
513,400
5,134
524.39
1,154.79
268.10
3 083 24
ASMTS: S 70190 ROCH MISC CODE 10,175.04 4,984.90
S 70200 ROCH MI
2011
510,300
5,103
NON-HSTD
AGRICULTURAL
498.41
1,118.42
267.19
2,889.40
S
70410
ROCH
SC
MISC
CODE
CODE
4,941.58
2,174.24
4,941.58
3,894.62
4,941.58
3,143.58
S
70420
ROCH
MISC
CODE
525.58
751.02
S
70430
ROCH
MISC
CODE
2,079.00
3,138.5b
3,138.52
S
70480
ROCH
MISC
CODE
145.88
145.88
145.88
** Total
Tax &
SpAsmt
25,018.00
22,136.00
16,894.00
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'512.4 9 Q�
-11
a