HomeMy WebLinkAboutResolution No. 505-09 'a "C'""'t".taa•v' _ ".i f' -�( ' ` �``
` 'r"�zrq,
,? ��._«�" i.� �-{ydz-+#.:' y & `�' -.4�;K. Z ..,.,�°'� Rr-� .ucx 4r•zF Y Y�.i� �r?;i..'*r�„-L.—..::'�• ,y::r T��f:, a.kR.�1,. ��.asy:,'^- F.a {. - s:...'�^
"�'w".Y 'Fr '`"'m.�%� _� s,3.n•,.'d. ••x�`�,pa '.UTe :.,..y.� .:day �"N' l:Si� t .:.,;,-. .Y:�..: .�k.r. "iries ,,rAr M-� r - _: 9 sic`0.�A .y'� I.i:
.__.�'k •.�, §.ti � � u'�W p.?�,i,� tS..3��Gy3r', i-���;1Fr�. t_}�� ,y'^�'€"��'y �' r�,. s+�inJ M'f. 1{ �..{'`�p1�k�fikr s'mT.�'gym :.ei ?h.1 -a;M:;-"ms' .�:�,t'."P d:u.
• 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 #3
(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
�loint 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 610 and
the number of households contained in the area to be annexed is 219; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.09201per kilowatt-hour from January through May and October 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 $32,596.46
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
�nd after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
1
.. ,.. km ,
•the Town of Marion and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS AM Do OF QQ6A15V , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST
ITY CLERK
APPROVED THIS 177m DAY OF 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\OAA\Resl(Madon3)
2
BEFORE THE
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#3)
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 494 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
0 sewer project providing water or sewer service to the area. The determination of substantial completion shall be
nade 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. la, 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
Oof the area described in Exhibit A, or any portion thereof, the Minnesota Municipal Board may review and
omment, 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
Sfollowing 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 beginning with that same levy year. If the annexation
becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that
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
annexation area prior to annexation pursuant to this joint resolution. Thereafter, any other or additional
*the
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 that it is in the public interest of
the residents of the City and of any lands to be assessed to construct such local
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
10pursuant to Minn. Stat. Chapters 429 and. 444. The City shall furnish to Town by November 15`h 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 are unable to resolve disputes, claims or
counterclaims, or are unable to negotiate an interpretation of any provision of this Joint
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/Amendment. 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. Governing Jaw: 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,
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. 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`h
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,
*MINNESOTA THIS 2,07Y DAY OF 1999.
7
IDENT OF SAID CO ON COUNCIL
ATTEST:
CITY CLE16C
APPROVED THIS Z/Sr DAY OF , 1999.
MAYOR OF AID C
(Seal of the City of
Rochester, Minnesota)
PASSED AND ADOPTED BY THE TOWN OF 012 ,NIINNESOTA, THIS
DAY OF 6E-P0 , 1999.
4ffi�OF TO
TE rAall-d,ATTEST:S
(/"OWN CLE
Zone\order.annex.mazion3doc
I
6
SE
1 ii Jill ! LI
1�
1 �
Pill
'T
5 � �
� r za a4
� 1
yCR
S
1
i
i
I
— f \
Exhibit "A"
Marion Township
Orderly Annexation
Area #3
Legend
❑ Currently in City
SI Annexation Area
\ ❑ Marion Township
Exhibit "A'
Marion Township Orderly Annexation Area #3
Z.
,�
NELSON CT Se § 1¢ST SE
20 ST SE
i
T S G.� 6� � � J = y ♦ N .��Si• S djr w ar '
' ,. may.•'. .. .... -. 7y.� n,
v:Y ^.,, -y3��,�, ��,""�"'� rr �. f rt f T� x �� � � •rs„ �.''r_.. r �-���":�
�� l,a"'E� 5 � -.*.er ,4 6 i^a `...t is-. k d-.t F+ t ¢ e>•a k � 'x �, F,P '+' h
��; .�war•aD+r.� ��. `.. �"e �L,y.,�,�''- �:^ 3- ��tri ���iEr � �
+,-� y d _• q a S ,�,'a'' .E imp Y J ti, _y�,
25 IM E � .
R �
�, ��r� .q,ty, •" u! a� sa; 'a'� 7 3-'+``*'1*-e. "�c�re^m;,M, , " ,yak'. ...� _
'� -•-arts r� ..� "F >'fi'„,^'Y'^�i+-A� �.L 3. a¢r• y., '"��'
x
'Ci.Y'�'cam a a X �"�� � .s.- "ap•
x cn'^-�� .k n Emir X ate•�,+r •..�
55j ..
70 ST SE
i R r
0 Annexation Area 400 0 400 800 Feet N
I City Parcel W E
Marion Township Parcel S ��
• 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 # 3.
Date Larry nnon, 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:
BETH DAVI8
NOTARY PUguO-M�NNESOTA
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
i
!��
/ t
�A
r
Zo Rix
OVA
A it
RRA
05
OFA
Pit
t •
t • �dF* ►•fit
•
McGhee Betts , Inc.
Consulting Engineers - i Land Surveyors
TM
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 507-645-2842
PROPOSED ORDERLY ANNEXATION DESCRIPTION (Area #3)
FOR: CITY OF ROCHESTER
DATE: OCTOBER 26, 1999
That part of Section 17, Township 106 North, Range 13 West, Olmsted County, Minnesota,
described as follows:
Beginning at the southwest corner of said Section 17; thence North 01 degree 16 minutes
39 seconds West, assumed bearing, along the west line thereof, 1891.52 feet to the south
line of Lot 63, AUDITOR'S PLAT 'E'; thence North 88 degrees 42 minutes 42 seconds East,
along the southerly line of said Lot 63, a distance of 156.90 feet to the southeast corner
thereof; thence North 00 degrees 46 minutes 15 seconds West, along the easterly line of
said Lot 63, a distance of 243.00 feet to the centerline of PINEWOOD ROAD SOUTHEAST;
thence South 68 degrees 39 minutes 39 seconds East, along said centerline, 91.29 feet;
thence North 01 degree 13 minutes 17 seconds West, along the easterly line of Lot 22 in
said AUDITOR'S PLAT 'E'; a distance of 359.85 feet to the northeast corner thereof; thence
North 68 degrees 51 minutes 39 seconds West, along the northerly line of said Lot 22, a
distance of 227.89 feet to the easterly right of way line of 301h Avenue SE; thence North 01
degree 16 minutes 39 seconds West, along said easterly right of way line, 94.70 feet;
thence North 01 degree 34 minutes 23 seconds West, along said easterly right of way line,
1423.11 feet to the southerly line of OLMSTED COUNTY RIGHT OF WAY PLAT NO. 104
(the next six courses are along said southerly line); thence North 88 degrees 25 minutes 37
seconds East, 17.03 feet; thence North 01 degree 34 minutes 23 seconds West, 70.00 feet;
thence northeasterly 244.95 feet along a tangential curve, concave to the southeast, radius
of 165.00 feet and a central angle of 85 degrees 03 minutes 32 seconds; thence South 72
degrees 25 minutes 50 seconds East, not tangent to said curve, 519.82 feet; thence South
75 degrees 00 minutes 28 seconds East, 321.23 feet; thence southeasterly 1111.46 feet
along the southerly line of said PLAT NO. 104 and along the southerly right of way line of
CSAH NO. 36 and along a nontangential curve, concave the northeast, radius of 17235.73
feet, central angle of 03 degrees 41 minutes 39 seconds and the chord of said curve bears
South 61 degrees 49 minutes 58 seconds East, 1111.27 feet to the southerly extension of
the west line of CEDAR PARK FIRST SUBDIVISION; thence North 00 degrees 53 minutes
08 seconds West, along said extension line of along the west line of said CEDAR PARK
FIRST SUBDIVISION, 1233.77 feet to the northwest corner thereof (the next three courses
are along the northerly line of said CEDAR PARK FIRST SUBDIVISION); thence North 89
degrees 06 minutes 52 seconds East, 456.28 feet; thence North 00 degrees 53 minutes 08
seconds West, 267.53 feet; thence North 89 degrees 06 minutes 52 seconds East, 169.50
feet to the west line of the Northeast Quarter of said Section 17; thence North 02 degrees
21 minutes 18 seconds West, along said west line, 267.53 feet to the northwest corner of
said Northeast Quarter; thence North 89 degrees 37 minutes 56 seconds East, along the
K.M.MCGhie,P,E..L.S.1904-1975 William E.Tointon,C.E.T President James E.Swanson.L.S.Vice President David L.Morrill,PE.Vice President
Douglas N.Betts.PE..L.S.Vice President Andrew J Masterpole,ASLA Larry J.Shannon,L.S. Michael E.Gowin.P.E..L S.
Mark E.Severtson,L.S. Daniel J Zemke,P.E.
An Equal Opportunity Employer
r
north line thereof, 2651.63 feet to the northeast corner of said Section 17; thence South 01
i degree 37 minutes 50 seconds East, along the east line thereof, 2641.70 feet to the
southeast corner of said Northeast Quarter; thence South 01 degree 08 minutes 37
seconds East, along the east line of the Southeast Quarter of said Section 17, a distance of
2028 feet more-or less to the southerly right of way line of CSAH No. 36; thence
northwesterly along said southerly right of way line, 864 feet more or less to the north line of
the South Half of the Southeast Quarter of said Section 17; thence South 89 degrees 22
minutes 19 seconds West along said north line, 2140 feet more or less to the west line of
the Southeast Quarter of said Section 17; thence South 00 degrees 59 minutes 46 seconds
East, along the west line thereof, 1322.10 feet to the southeast corner of the Southwest
Quarter of said Section 17; thence South 89 degrees 24 minutes 09 seconds West, along
the south line thereof, 2628.29 feet to the point of beginning. Excepting therefrom the north
50.00 feet of the Northeast Quarter of said Section 17.
ALSO:
The west 33.00 feet of the South Half of the Southeast Quarter of Section 17, Township 106
North, Range 13 West, Olmsted County, Minnesota.
ALSO:
The west 33.00 feet of the Northwest Quarter of Section 16, Township 106 North, Range 13
West, Olmsted County, Minnesota.
Containing in all, 494 acres more or less.
This proposed annexation area is to include all public right-of-ways and easements within
the above described areas.
The Legal Description for Marion Township Orderly Annexation Area#3 to be annexed into the City of
Rochester, Minnesota on January 1,2010 described as follows:
That part of Section 17,Township 106 North, Range 13 West, Olmsted County, Minnesota, described as
follows:
Beginning at the southwest corner of said Section 17; thence North 01 degree 16 minutes 39
seconds West, assumed bearing, along the west line thereof, 1891.52 feet to the south line of
Lot 63, AUDITOR'S PLAT 'E'; thence North 88 degrees 42 minutes 42 seconds East, along the
southerly line of said Lot 63, a distance of 156.90 feet to the southeast corner thereof; thence
North 00 degrees 46 minutes 15 seconds West, along the easterly line of said Lot 63, a distance
of 243.00 feet to the centerline of PINEWOOD ROAD SOUTHEAST; thence South 68 degrees 39
minutes 39 seconds East along said centerline, 91.29 feet; thence North 01 degree 13 minutes
17 seconds West, along the easterly line of Lot 22 in said AUDITOR'S PLAT 'E' a distance of
359.85 feet to the northeast corner thereof, thence North 68 degrees 51 minutes 39 seconds
West, along the northerly line of said Lot 22, a distance of 227.89 feet to the easterly right of
way line of 30th' Avenue SE; thence North 01 degree 16 minutes 39 seconds West, along said
easterly right of way line, 94.70 feet; thence North 01 degree 34 minutes 23 seconds West,
along said easterly right of way line, 1423.11 feet to the southerly line of OLMSTED COUNTY
RIGHT OF WAY PLAT NO. 104 (the next six courses are along said southerly line);thence North
88 degrees 25 minutes 37 seconds East, 17.03 feet; thence North 01 degree 34 minutes 23
seconds West, 70.00 feet;thence northeasterly 244.95 feet along a tangential curve,concave to
the southeast, radius of 165.00 feet and a central angle of 85 degrees 03 minutes 32 seconds
thence South 72 degrees 25 minutes 50 seconds East, not tangent to said curve, 519.82 feet;
thence South 75 degrees 00 minutes 28 seconds East,321.23 feet,thence southeasterly 1111.46
feet along the southerly line of said PLAT NO. 104 and along the southerly right of way line of
CSAH NO. 36 and along a nontangential curve, concave the northeast, radius of 17,235.73 feet,
central angle of 03 degrees 41 minutes 39 seconds and the chord of said curve bears South 61
degrees 49 minutes 58 seconds East, 1111.27 feet to the southerly extension of the west line of
CEDAR PARK FIRST SUBDIVISION; thence North 00 degrees 53 minutes 08 seconds West, along
said extension line of along the west line of said CEDAR PARK FIRST SUBDIVISION, 1233.77 feet
to the northwest corner thereof (the next three courses are along the northerly line of said
CEDAR PARK FIRST SUBDIVISION);thence North 89 degrees 06 minutes 52 seconds East,456.28
feet; thence North 00 degrees 53 minutes 08 seconds West, 267.53 feet; thence North 89
degrees 06 minutes 52 seconds East, 169.50 feet to the west line of the Northeast Quarter of
said Section 17; thence North 02 degrees 21 minutes 18 seconds West, along said west line,
267.53 feet to the northwest corner of said Northeast Quarter; thence North 89 degrees 37
minutes 56 seconds East, along the north line thereof, 2651.63 feet to the northeast corner of
said Section 17;thence South 01 degree 37 minutes 50 seconds East,along the east line thereof,
2641.70 feet to the southeast corner of said Northeast Quarter; thence South 01 degree 08
minutes 37 seconds East, along the east line of the Southeast Quarter of said Section 17, a
distance of 2028 feet more or less to the southerly right of way line of CSAH No. 36; thence
northwesterly along said southerly right of way line, 864 feet more or less to the north line of
the South Half of the Southeast Quarter of said Section 17;thence South 89 degrees 22 minutes
19 seconds West along said north line, 2140 feet more or less to the west line of the Southeast
Quarter of said Section 17;thence South 00 degrees 59 minutes 46 seconds East,along the west
line thereof, 1322.10 feet to the southeast corner of the Southwest Quarter of said Section 17;
Marion Orderly Annexation Area#3-Page 1 of 9
EXHIBIT "1 "
•
thence South 89 degrees 24 minutes 09 seconds West, along the south line thereof, 2628.29
feet to the point of beginning.
ALSO:
The west 33.00 feet of the South Half of the Southeast Quarter of Section 17, Township 106
North,Range 13 West,Olmsted County, Minnesota.
ALSO:
The west 33.00 feet of the Northwest Quarter of Section 16, Township 106 North, Range 13
West,Olmsted County,Minnesota.
LESS ALL of the Following Described Land Parcels:
Land annexed to the City of Rochester on May 13, 2004 (OA-661-1 Rochester, Resolution No.
571-03)described as follows:
That part of the North half of the Southeast Quarter of Section 17,Township 106, Range
13,Olmsted County,Minnesota,described as follows:
Commencing at a the southeast corner of said North Half of the Southeast Quarter;
thence on an assumed bearing of North 89 degrees 25 minutes 00 seconds West along
south line of said North Half of the Southeast Quarter 359.04 feet to the centerline of
C.S.A.H. #36 and the point of beginning; thence North 33 degrees 01 minutes 00
seconds West along said centerline 474.50 feet;thence South 56 degrees 59 minutes 00
seconds West 353.60 feet;thence South 26 degrees 17 minutes 00 seconds East 223.69
feet to the south line of said north Half of the Southeast Quarter; thence South 89
degrees 25 minutes 00 seconds East along said south line 456.02 feet to the point of
beginning. The above described parcel contains 2.97 acres, is subject to a right of way
easement for County Road #36 along the northeasterly line thereof, and is subject to
any other easements of record.
ALSO LESS
Land annexed to the City of Rochester on March 18, 2004 (OA-661-2 Rochester, Resolution No.
041-04)described as follows:
A part of the South One Half of the Northeast Quarter of Section 17, Township 106
North,Range 13 West,Olmsted County, Minnesota described as follows:
Commencing at the southeast corner of the Northeast Quarter of said Section 17;
thence due West, assumed bearing, along the south line of said Northeast Quarter,
1050.00 feet; thence due North, 33.00 feet for a point of beginning; thence continue
due North, 1288.38 feet to the north line of the South One Half of said Northeast
Quarter:thence North 89°57'17"West along said north line, 1001.15 feet thence South
01°53'40" East, along a line being 610.50 feet east of, measured at right angles to, and
parallel with the west line of said Northeast Quarter, 932.07 feet to the northerly right
• of way line of C.S.A.H. #36;thence Southeasterly 800.45 feet along said right of way line
Marion Orderly Annexation Area #3-Page 2 of 9
to a point 33.00 feet north of, measured at right angles to, the south line of said
Northeast Quarter; thence due east, parallel with said south line, 254.35 feet to the
point of beginning.
Containing 26.10 acres more or less.
ALSO LESS
Land annexed to the City of Rochester on May 13, 2004 (OA-661-3 Rochester, Resolution No.
121-04)described as follows:
That part of the North Half of the Southeast Quarter of Section 17,Township 106, Range
13 West,in Olmsted County,Minnesota, described as follows:
Commencing at the northwest corner of said Southeast Quarter and running thence due
east along the north line thereof a distance of 1154.85 feet to the center of C.S.A.H.#36;
thence deflect to the right along the center line of said highway on a 3 degree curve,
delta angle 11 degrees 14 minutes, radius 1909.86 feet a distance of 374.75 feet,thence
south 59 degrees 9 minutes west a distance of 154.1 feet, thence south 30 degrees 31
minutes east a distance of 82 feet, thence south 59 degrees 9 minutes west a distance
of 72 feet, thence south 30 degrees 51 minutes east a distance of 166.2 feet; thence
north 59 degrees 9 minutes east a distance of 288.1 feet to the centerline of said trunk
highway, thence deflect to the right along the center line of said trunk highway on a 3
degree curve, radius of 1909.86 feet a distance of 236.1 feet, thence tangent to said
curve bearing south 33 degrees 55 minutes east a distance of 403.4 feet, thence south
56 degrees 5 minutes west a distance of 353.6 feet,thence south 26 degrees 26 minutes
east a distance of 218.15 feet to the point in the south line of the North Half of the
Southeast Quarter,thence south 89 degrees 52 minutes west a distance of 1800.45 feet
to the southwest corner thereof, thence north along the west line thereof a distance of
1321 feet to the place of beginning.Containing 46.94 acres,more or less.
Together with a perpetual easement for ingress and egress over and across that part of
the Southwest Quarter of the Southeast Quarter of Section 17, Township 106 North,
Range 13 West,Olmsted County, Minnesota,described as follows:
Beginning at the northwest corner of said Southwest Quarter of the Southeast Quarter;
thence on as assumed bearing of North 89 degrees 50 minutes 5 seconds East 66.00 feet
along the north line of said Southwest Quarter of the Southeast Quarter;thence South
23 degrees 16 minutes 32 seconds West 163.49 feet to a point on the west line of said
Southwest Quarter of the Southeast Quarter; thence North 00 degrees 32 minutes 00
seconds West 150.00 feet along said west line to the point of beginning. Said easement
shall include the right to construct and maintain a road.
EXCEPTING the following two tracts:
TRACT 1
That part of the Southeast Quarter of Section 17, Township 106, Range 13,
described as follows: Beginning at the Northwest corner of said Southeast
Quarter of Section 17; thence North 89 degrees 54 minutes 22 seconds East,
Marion Orderly Annexation Area#3-Page 3 of 9
•
along the North line of said Southeast Quarter (for purposes of this description
bearing of said North line is assumed), a distance of 1154.34 feet to the
Southwesterly right of way of C.S.A.H. #36; thence Southeasterly along said
right of way, on a curve, concave Southwesterly (curve data: radius = 1909.86
feet; delta angle = 11 degrees 14 minutes 33 seconds; chord bearing a distance
= South 54 degrees 25 minutes 41 seconds East 374.15 feet), an arc distance of
374.51 feet;thence South 59 degrees 03 minutes 22 seconds West, 154.10 feet;
thence South 30 degrees 56 minutes 38 seconds East, 33.86 feet;thence South
89 degrees 54 minutes 22-seconds West, parallel with the North line of said
Southeast Quarter, 1340.43 feet to the West line of said Southeast Quarter;
thence North 0 degrees 36 minutes 42 seconds West,326.26 feet to the point of
beginning;said tract containing 10.0 acres,more or less.
TRACT 2
That part of the Southeast Quarter of Section 17,Township 106 North, Range 13
West, Olmsted County, Minnesota, described as follows: Commencing at the
Northwest corner of said Southeast Quarter of Section 17; thence North 89
degrees 54 minutes 22 seconds East, along the North line of said Southeast
Quarter (for purposes of this description bearings are assumed and based on
the North line being North 89° 54 minutes 22 seconds East), a distance of
1154.34 feet to the centerline of County State Aid Highway 36; thence
southeasterly along said centerline, on a nontangential curve concave
southwesterly (curve data: delta angle =18 degrees 55 minutes 23 seconds
radius=1909.86 feet; chord bearing and distance=South 50 degrees 35 minutes
16 seconds East, 627.90 feet), an arc distance of 630.77 feet to the point of
beginning; thene South 59 degrees 03 minutes 22 seconds West, 191.83 feet;
thence South 30 degrees 56 minutes 38 seconds' East, 100.00 feet; thence
North 59 degrees 03 minutes 22 seconds East, 207.07 feet to the centerline of
County State Aid Highway 36;thence northwesterly along said centerline, on a
nontangential curve concave southwesterly (curve data: delta = 3 degrees 02
minutes 06 seconds; radius = 1909.86 feet; chord bearing distance = North 39
degrees 36 minutes 31 seconds West, 101.15 feet), an arc distance of 101.17
feet to the point of beginning; subject to right of way for County State Aid
Highway 36 over the northeasterly side thereof; said tract contains 0.46 acres
more of less including said right of way and 0.24 acres more or less excluding
said right of way.
Subject to the following described driveway easement: That part of the
Southeast Quarter of Section 17, Township 106, Range 13, Olmsted County,
Minnesota, described as follows: Commencing at the Northwest corner of said
Southeast Quarter of Section 17; thence North 89 degrees 54 minutes 22
seconds East, along the North line of said Southeast Quarter (for purposes of
this description bearing are assumed and based on said North line being North
89 degrees 54 minutes 22 seconds East), a distance of 1154.34 feet to the
centerline of County State Aid Highway 36; thence southeasterly along said
centerline on a nontangential curve concave southwesterly (curve data: delta
angle= 21 degrees 57 minutes 29 seconds; radius = 1909.86 feet;chord bearing
and distance = South 49 degrees 04 minutes 13 seconds East, 727.46 feet), an
Marion Orderly Annexation Area#3-Page 4 of 9
•
arc distance of 731.94 feet to the point of beginning; thence South 59 degrees
03 minutes 22 seconds West, 147.72 feet;thence South 30 degrees 56 minutes
38 seconds East, 66.00 feet; thence North 59 degrees 03 minutes 22 seconds'
East, to the centerline of County, State Aid Highway 36; thence northwesterly
along said centerline to the point of beginning; subject to the right of way for
County State Aid Highway 36 over the northeasterly side thereof.
ALSO
Subject to the right the State of Minnesota in that part taken for right of way for
Trunk Highway. Subject to any other easements, restrictions, and covenants of
record.
Containing 39.54 acres more or less.
ALSO LESS
Land annexed to the City of Rochester on November 10, 2004 (OA-661-4 Rochester, Resolution
No.506-04)described as follows:
The North Half of the Northwest Quarter of the Northeast Quarter of Section 17,
Township 106 North, Range13 West, Olmsted County, Minnesota. Containing 20.02
acres more or less.
• ALSO LESS
Land annexed to the City of Rochester on December 9, 2004(OA-622-Rochester,Resolution No.
574-04)described as follows:
Lot 58,Auditors Plat"E",Olmsted County, Minnesota
ALSO:
Lot 54,Auditors Plat"E",Olmsted County, Minnesota.
EXCEPTING the following two(2) parcels of real estate described as follows:
A:
Commencing at the northwest corner of said Lot 54 for a point of beginning,
running thence South a distance of 195.82 feet, running thence South 67
degrees 50 minutes East a distance of 88 feet, running thence North 195.62
feet, running thence North 67 degrees 50 minutes West a distance of 88 feet to
the place of beginning.
B:
Beginning at the southeast corner of said Lot 54, thence North 02 degrees 21
minutes 00 seconds West, assumed bearing, along the east line of said Lot 54 a
distance of 190.16 feet;thence North 89 degrees 36 minutes 00 seconds West,
Marion Orderly Annexation Area#3-Page 5 of 9
•
30.00 feet;thence South 02 degrees 21 minutes 00 seconds East, 190.16 feet to
the south line of said Lot 54; thence South 89 degrees 36 minutes 00 second
East along said south line 30.00 feet to the point of beginning.
Containing 10.01 acres more or less.
ALSO LESS
Land annexed to the City of Rochester on October 18, 2005(OA-661-5 Rochester, Resolution No.
288-05)described as follows:
Lot 25,Auditor's Plat"E" and that part of Lot 26, described as follows: Commencing at
the Northeast corner of Lot 25 thence southeasterly 100 feet, thence southwesterly
460.80 feet to the center line of Pinewood Road thence northwesterly along said center
line 105.05 feet to the.Southeast corner of Lot 25, thence north along the east line
428.70 feet to the place of beginning, Auditor's Plat "E", Olmsted County, Minnesota.
Containing 2.02 acres more or less.
ALSO LESS
Land annexed to the City of Rochester on November 16, 2006 (OA-661-6 Rochester, Resolution
No.454-06)described as follows:
• Lot 7,Vandals First Subdivision,Olmsted County,Minnesota.
ALSO LESS
Land annexed to the City of Rochester on December 15, 2006 (OA-661-7 Rochester, Resolution
No.567-06)described as follows:
Lot 64,Auditor's Plat"E"of the West Half of Section 17,Township 106 Range 13 West in
Olmsted County,Minnesota,
Exception to the Following Four Parcels:
1. Commencing for a place of beginning at the Southwest Corner of Lot 62 of
Said Auditor's Plat"E";thence south along the West line of said Lot 64,434
feet,thence East to the Southeast Lot 59 of Auditor's Plat"E";thence North
along the West Line of said Lot 59,543.7 feet;thence West along the South
Lines of Lots 60 and 61 of said Auditor's Plat "E", 286.45 feet to the East
Line of said Lot 62,; thence South along said East Line of Lot 62 to the
Southeast corner of said Lot 62;thence East 242.7 feet along the South Line
of said Lot 62,to the point of beginning.
2. That Part of Lot 64,Auditor's Plat"E"of the West Half of Section Seventeen
17, Township 106 North of Range 13 West in Olmsted County, Minnesota,
Described as follows: Commencing for a place of beginning at the
is
Southeast Corner of Lot 64 of said Auditor's Plat "E" running thence West
Marion Orderly Annexation Area#3-Page 6 of 9
•
along the South Line thereof a distance of 127 Feet, thence North Parallel
with the West Line of Vandal's First Subdivision, a distance of 528 feet;
thence East a distance of 127 feet to the Northwest Corner Lot 7, Vandal's
First Subdivision; thence South a distance of 528 feet to the point of
Beginning.Containing 1.539 Acres More Or Less.
3. That Part of Lot 64, Auditor's Plat "E" of the West Half of Section 17,
Township 106 North Range 13 West, Olmsted County, Minnesota, Described
As Follows: Commencing for a place of beginning at the Southwest Corner
of Lot 55, Auditor's Plat "E" and running thence West a distance of 248.87
feet;thence North a distance of 193.6 feet to the Southwest Corner of Lot
54 of Said Auditor's Plat "E", thence East a distance of 248.87 feet; thence
South a Distance of 193.6 feet to the place of Beginning, Subject to the
Right of Travel through,over and across the South 33 feet thereof.
4. That Part of Lot 64, Auditor's Plat "E" in the Southwest One-Quarter of
Section 17, Township 106, Range 13, Olmsted County, Minnesota,
Described as Follows: Commencing at the Northwest Corner of Lot 7,
Vandal's First Subdivision, for a place of beginning and running thence
North 89 degrees 36 minutes West Parallel with the south Line of said
Section, a distance of 32.43 feet; thence due North a distance of 314.57
. feet; thence South 89 degrees 36 minutes East a distance of 277 feet;
thence due South a Distance of 314.57 feet to the North Line of said Lot 7;
thence North 89 degrees 36 minutes West a distance of 244.57 feet to the
place of Beginning.
ALSO LESS
Land annexed to the City of Rochester on May 17, 2007 (OA-661-8 Rochester, Resolution No.
114-07)described as the following two parcels:
Parcel 1
That part of the Southeast Quarter of the Northeast Quarter of Section 17, Township
106 North,Range 13 West.Olmsted County,Minnesota,described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Northeast
Quarter thence on an assumed bearing South 89 degrees 32 minutes 14 seconds
West along the south line of said Southeast-Quarter of the Northeast Quarter
241.00 feet to the point of beginning; thence North 01 degree 37 minutes 50
seconds West parallel with the east line of said Southeast Quarter of the
Northeast Quarter 187.80 feet;thence South 89 degrees 32 minutes 14 seconds
West parallel with the south line of said Southeast Quarter of the Northeast
Quarter 100.00 feet; thence South 01 degree 37 minutes 50 seconds East
Marion Orderly Annexation Area#3-Page 7 of 9
•
parallel with east line said Southeast Quarter of the Northeast Quarter 187.80
feet to the south line of said Southeast Quarter of the Northeast Quarter;
thence North 89 degrees 32 minutes 14 seconds East along said south line
100.00 feet to the point of beginning containing 0.43 acres, and subject to
roadway right of way along the south line thereof.
Parcel 2
That part of the Northeast Quarter of Section 17, Township 106, Range 13, Olmsted
County, Minnesota,described as follows:
Beginning at a point on the South line of said Northeast Quarter of Section 17,
which is 241.00 feet westerly of the Southeast corner of said Northeast Quarter;
thence Northerly, parallel with the East line of said Northeast Quarter, a
distance of 393.00 feet; thence Westerly, parallel with the South line of said
Northeast Quarter,a distance of 242.00 feet;thence Southerly, parallel with the
East line of said Northeast Quarter, a distance of 393.00 feet to the South of
said Northeast Quarter; thence Easterly, along said South line, 242.00 feet to
the point of beginning;the above tract being subject to roadway right of way on
the South end containing 2.18 acres, including roadway right of way, and 2.0
acres,excluding roadway right of way.
• Excepting the following described parcel:
That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 106 North, Range 13 West, Olmsted County, Minnesota, described as
follows:
Commencing at the southeast corner of said Southeast Quarter of the
Northeast Quarter;thence on an assumed bearing South 89 degrees 32
minutes 14 seconds West along the south line of said Southeast Quarter
of the Northeast Quarter 241.00 feet to the point of beginning; thence
North 01 degree 37 minutes 50 seconds West parallel with the east line
of said Southeast Quarter of the Northeast Quarter 187.80 feet; thence
South 89 degrees 32 minutes 14 seconds West parallel with the south
line of said Southeast Quarter of the Northeast Quarter 100.00 feet;
thence South 01 degree 57 minutes 50 seconds East parallel with the
east line of said Southeast Quarter of the Northeast Quarter 187.80 feet
to the south line of said Southeast Quarter of the Northeast Quarter;
thence North 89 degrees 32 minutes 14 seconds East along said south
line 100.00 feet to the point of beginning; containing 0.43 acres, and
subject to roadway right of way along the south line thereof.
. Parcel 2 contains 1.75 acres including right of way.
Marion Orderly Annexation Area#3-Page 8 of 9
ALSO LESS
Land annexed to the City of Rochester on July 7, 2007 (OA-661-9 Rochester, Resolution No. 244-
07)described as follows:
Lot 2,Block 2,Cedar Park First Subdivision.
The described Marion Orderly Annexation Area#3 contains in all,363 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 Area#3-Page 9 of 9