HomeMy WebLinkAboutResolution No. 238-04 IIIII I IIII I IIII II�IIII I II IIII
• OFFICE OF COUNTY RECORL+
Olmsted County,Minnesota
I hereby certify that this docum on 8/18/2004 at 12:00:y
recorded as document number
DANIEL J.HALL—County ReC
Well Certificate:_Received
Abstr.— yes_ no
Fees:
Received from/return to: _
CITY CLERK
COVER SHEET
• DOCUMENT: RESOLUTION 238-04
NAME: Judy Scherr, City Clerk
RETURN TO: Judy Scherr, City Clerk
COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONP—
TO BE RE-RECORDED TO REFLECT MUNICIPAL BOUNDARYADJUSTIVIEN�— —
APPROVAL OF ANNEXATION.
•
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OA-1050-1 Rochester
City Resolution No. 238-04
DEPARTMENT OF ADMINISTRATION
STATE OF MINNESOTA
BEFORE THE DIRECTOR OF
STRATEGIC AND LONG RANGE PLANNING
----------------------------------------------------
IN THE MATTER OF THE ORDERLY.ANNEXATION )
AGREEMENT BETWEEN THE CITY OF ROCHESTER ) ORDER
AND THE TOWN OF CASCADE PURSUANT TO )
MINNESOTA STATUTES 414 )
----------------------------------------------------
WHEREAS, a joint resolution for orderly annexation was adopted by the City of
Rochester and the Town of Cascade; and
• WHEREAS, a resolution was received from the City of Rochester requesting that certain
property be annexed to the City of Rochester pursuant.to M.S. 414.0325; and
WHEREAS, M.S. 414.0325 states that in certain circumstances the Director of Strategic
and Long Range Planning may review and comment, but shall within 30 days order the
annexation of land pursuant to said subdivisions; and
WHEREAS, on July 8, 2004, the Director has reviewed and accepted the resolution for
orderly annexation;
IT IS HEREBY ORDERED: That the following described property is hereby annexed in
accordance with the terms of the joint resolution to the City of Rochester, Minnesota, the same as
if it had originally been made a part thereof.
KREBSBACH PARCEL: The Northeast Quarter of the Southeast Quarter of Section 18,
Township 107 North,Range 14 West, Olmsted County, Minnesota AND
•
• -3-
minutes 12 seconds azimuth 198.99 feet; thence southeasterly
90.77 feet an a tangential curve concave northeasterly, having a
radius of 200.00 feet and a central angle of 26 degrees 00
minutes 09 seconds; thence southerly 198 degrees 14 minutes 01
seconds azimuth 73.68 feet; thence southwesterly 68.08 feetbn a
tangential curve concave northwesterly, having a radius of 150.00
feet and a central angle of 26 degrees 00 minutes 12 seconds;
thence southwesterly 224 degrees 14 minutes 16 seconds
azimuth 109.02 feet; thence southeasterly 121 degrees 03
minutes 18 seconds azimuth 662.24 feet; thence easterly 89
degrees 04 minutes 29 seconds azimuth 283.28 feet to the point
of beginning. (previously annexed.to the city)
L'EQUE PARCEL-NORTH
The South Half of the Southwest Quarter of Section 18, Township
107 North, Range 14 West, Olmsted County, Minnesota
•
ZEIMETZ PARCEL
The West Half of the Southeast Quarter of Section 18, Township
107 North, Range 14 West, Olmsted County, Minnesota
AND
The Southeast Quarter of the Southeast Quarter of Section 18,
Township 107 North, Range 14 West, Olmsted County, Minnesota.
TILL PARCEL
The East Half of the Northeast Quarter of Section 19, Township
107 North, Range 14 West, Olmsted County, Minnesota
AND
• The Northwest Quarter of the Northeast Quarter of Section 19,
Township 107 North, Range 14 West, Olmsted County, Minnesota.
AND
• RESOLUTION
WHEREAS, on or about May 17, 2004, the Common Council of the City of Rochester and
the Town of Cascade executed an amendment to the Joint Resolution for Orderly Annexation a
COPY of which is attached and incorporated herein); and
WHEREAS, the Joint Resolution allows land contained in the orderly annexation ar
described in Exhibit A thereto, to be annexed to the City; and, ea, as
WHEREAS, Minnesota Statutes Section 414.0325, subd. 1(d)(1) states that any signatory
to the Joint Resolution may submit a resolution seeking the annexation of the land described
within the Joint Resolution; and,
WHEREAS, the City of Rochester is a signatory to the Joint Resolution and does seek
the annexation of the land described within the Joint Resolution; and,
WHEREAS, the property to be annexed is legally described as follows:
KREBSBACH PARCEL
The Northeast Quarter of the Southeast Quarter of Section 18, Township 107 North,
Range 14 West, Olmsted County, Minnesota.
• And
That part of the South Half of the Northeast Quarter of Section 18, Township
Range 14 West, Olmsted County, Minnesota described as follows: Beginning a0t theorth,
southeast corner of said Northeast Quarter; thence on an assumed bearing of North 01
degrees 03 minutes 23 seconds West, along the east line of said Northeast Quarter;
294.71 feet; thence South 88 degrees 56 minutes 37 seconds West 417.42 feet; thence
North 01 degrees 03 minutes 23 seconds West 208.71 feet; thence North 88 degrees 56
minutes 37 seconds East, 417.42 feet to the east line of said Northeast Quarter; thence
North 01 degrees 03 minutes 23 seconds West, along said east line, 486.22 feet to a
point of 1649.67 feet south of the northeast corner of the Northeast Quarter, said point
being the southeast corner of WEDGEWOOD HILLS FOURTH; thence South 89 degrees
29 minutes 46 seconds West, along the south line of said WEDGEWOOD HILLS
FOURTH and its westerly extension, to the west line of said Northeast Quarter; thence
southerly along west line to the southwest corner of said Northeast Quarter; thence
easterly along the south line of said Northeast Quarter to the point of beginning.
EXCEPT that part of the above described property described as follows: Commencing at
the southeast corner of said Northeast Quarter; thence westerly on an assumed azimuth
from grid north of 269 degrees 29 minutes 54 seconds long the south line of said
Northeast Quarter 60.00 feet; thence northerly 358 degrees 56 minutes.37 seconds
azimuth parallel with the east line of said Northeast Quarter 44.64 feet to the point of
i
beginning; thence northerly 358 degrees 56 minutes 37 seconds azimuth 249.49 feet ;
thence westerly 269 degrees 56 minutes 37 seconds azimuth 357.43 feet; thence
northerly 358 degrees 56 minutes 37 seconds azimuth 208.71 feet; thence easterly 88
degrees 56 minutes 37 seconds azimuth 357.43 feet; thence northerly 358 degrees 56
minutes 37 seconds azimuth 486.79 feet to the south line of Wedgewood Hills Fourth,
according to the plat thereof on file at the County Recorder's office, Olmsted County,
Minnesota; thence westerly 269 degrees 29 minutes 46 seconds azimuth along said
south line 1091.75 feet; thence southerly 179 degrees 21 minutes 34 seconds azimuth
165.00 feet; thence easterly 89 degrees 29 minutes 08 seconds azimuth 65.30 feet;
thence southeasterly 117.16 feet on a tangential curve concave southwesterly, having a
radius of 150.00 feet and a central angle of 44 degrees 45 minutes 04 seconds ; thence
southeasterly 134 degrees 14 minutes 12 seconds azimuth 198.99 feet; thence
southeasterly 90.77 feet an a tangential curve concave northeasterly, have a radius of
200.00 feet and a central angle of 26 degrees 00 minutes 09 seconds; thence southerly
198 degrees 14 minutes 01 seconds azimuth 73.68 feet; thence southwesterly 68.08 feet
on a tangential curve concave northwesterly, having a radius of 150.00 feet and a central
angle of 26 degrees 00 minutes 12 seconds; thence southwesterly 224 degrees 14
minutes 16 seconds azimuth 109.02 feet; thence southeasterly 121 degrees 03 minutes
18 seconds azimuth 662.24 feet; thence easterly 89 degrees 04 minutes 29 seconds
azimuth 283.28 feet to the point of beginning. (previously annexed to the city)
LEQUE PARCEL—NORTH
The South Half of the Southwest Quarter of Section 18, Township 107 North, Range 14
West, Olmsted County, Minnesota.
ZEIMETZ PARCEL
The West Half of the Southeast Quarter of Section 18, Township 107 North, Range 14
West, Olmsted County, Minnesota
AND
The Southeast Quarter of the Southeast Quarter of Section 18, Township 107 North,
Range 14 West, Olmsted County, Minnesota.
TILL PARCEL
The East Half of the Northeast Quarter of Section 19, Township 107 North, Range 14
West, Olmsted County, Minnesota
AND
The Northwest Quarter of the Northeast Quarter of the Section 19, Township 107 North,
Range 14 West, Olmsted County, Minnesota.
HEWLETT PARCEL
The Southwest Quarter of the Northeast Quarter of Section 19, Township 107 North,
Range 14 West, Olmsted County, Minnesota.
2
BADGER PARCEL
That part of the South Half of the Northwest Quarter of Section 19, Township 107, Range
14, Olmsted County, Minnesota, described as follows: Beginning at the southwest corner
of said Northwest Quarter and running thence East along the South line thereof, a
distance of 1665.00 feet; thence northerly parallel to the west line of said South Half a
distance of 1320 feet more or less to the north line of said South Half of the Northeast
Quarter; thence East along said north line a distance of 845.3 feet to the northeast corner
of said South Half, thence South along the east line of said South Half to the southeast
corner of said South Half, thence west along the south line of said South Half to the point
of beginning.
CROSS PARCEL
That part of the South Half of the Northwest Quarter of Section 19, Township 107, Range
14, Olmsted County, Minnesota, described as follows: Beginning at the southwest corner
of said Northwest Quarter and running thence East along the South line thereof, a
distance of 1170.00 feet; thence northerly at right angles to the said south line a distance
of 1320 feet more or less to the north line of said South Half of the Northeast Quarter;
thence West along said North line a distance of 1170.00 feet; thence South along the
West line to the point of beginning; EXCEPT that part which lies South and West of the
public road and ALSO EXCEPT the North 220.00 feet of the West 500.00 feet thereof.
WHEREAS, the above-described property satisfies and complies with the Joint
aesolution (paragraph 2, (A), (IV) —petition b landowner);r), and,
WHEREAS, the City's estimate of the population is eight and the number of households
contained in the area is four; and,
WHEREAS, the City's estimate of electrical service cost differences at the time of
annexation is (a) an increase of.07096 per kilowatt-hour from January through May and October
through December, and (b) an increase of .08574 per kilowatt-hour from June through
September.
WHEREAS, The Department of Administration may review and comment but then within
30 days order annexation in accordance with the terms of the joint resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the 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 Cascade and the Olmsted County Auditor/Treasurer.
3
PASSED AND ADOPTED BY THE COMMON COUNCIL OF TH
E CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2004.
O aS41DENIT OF ADOMMNCOUNCIL
ATTEST:
Cl CLERK
APPROVED THIS ..Lft_ DAY OF
2004.
i. `: ' •;,., r MAYOR OF SAID CITY
($ea.l-'ef,.he.-City of
Ro hester, Mi:►�nesota)
Zone2000\0rderlyAnnex.Res Whiicomb(Cas)
4
IIIII I IIII I II II IIII I IIIII II II
OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota
I hereby certify that this document was riled in this office
on 6/14/2004 at 10:00:00 AM and was duly
recorded as document number A-1025567
DANIEL J.HALL—County Recorder,by _Deputy.
Well Certificate: Received Not Required
Abstr.— yes— no
Fees:
Received from/return to:
CITY.CLERK
rJw-tj lq,lol_I�
N S".)-u>;
COVER SHEET
DOCUMENT: RESOLUTION NO. 238-04
NAME: Judy Scherr, City Clerk
RETURN TO: Judy Scherr, City Clerk
COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONLY.
\D�
kD
BEFORE THE
MINNESOTA BOUNDARY ADJUSTMENTS OFFICE
OF THE DEPARTMENT OF ADMINISTRATION
IN THE MATTER OF THE DESCRIPTION OF )
AN UNINCORPORATED AREA IN CASCADE )
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 3 Hof
&-�L , 2004, by and between the CITY OF ROCHESTER, MINNESOTA the "Cit "and C ' CADETOWNSHIP (the "Township"). ( y )
WHEREAS, Minn. Stat. § 414.0325 authorizes townships and municipalities
provide
for the orderly annexation of unincorporated areas that are in need of orderly anonexation;
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 Area") 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 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
EXHIBIT `
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 Townshi
that the parties enter into this Joint Resolution Orderly Annexation Agreement e p
referred to as "Agreement") and agree to the following terms: g nt (hereinafter
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. 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;
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
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
2
• 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.
3. 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.
4. 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.
la, 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.
5. 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.
6. 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
•
3
• 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.
7. The City is not obligated to make any property tax reimbursements to the
Township,
(A) After annexation there shall be no further payments made to the Township for
annexed property under this Agreement.
8. 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.
9. 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 be
fore
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 "C", 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. Exhibit "C" is attached to this Agreement to show the
preventive maintenance schedule and the manner in which pro rata costs will be calculated.
10. In instances in which a City subdivision takes direct connection onto a Cascade
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 Cascade 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. Roadway segment shall be defined as that portion
of a Cascade Township roadway that extends between the intersections of two public roads
at either end of the segment.
11. All utility extensions within the Annexation Area will be consistent with the City's
Policies concerning the extension of municipal utilities.
12. 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.
4
• 13. 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.
14. The Township will take no action to grant permits, issue variances, vacate
roadways or easements or any other such action that is in direct conflict of providing proper
utility extensions, roadway access management, or roadway connections along City
roadways, and roadway connections or extensions of township roadways which are planned
to connect to city roadways.
15. This Agreement provides the exclusive procedure by which the unincorporated
property identified in the Annexation Area may be annexed by the City.
16. 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, 2025, whichever occurs first.
17. 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.
• (B) 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.
18. 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.
•
5
• 19. 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.
20. 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.
21. 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.
22. 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 16 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.
• 23. 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 Cascade
Township Clerk.
24. 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.
6
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF
2004.
P DENT OF ROC STER COMMON COUNCIL
ATTEST: 1
CITY CLERK
APPROVED THIS DAY OF , 2004.
MAYOR OF CITY OF ROCHESTER
(Seal of the City of
Rochester, Minnesota )
• PASSED AND ADOPTED BY CASCADE TOWNSHIP, OLMSTED COUNTY,
MINNESOTA, THIS `,�o DAY OF
j' +� , 2004.
`CIf'AIRMAN OF TOW OARD
ATTEST:
01W CLERK
This document prepared by:
Rochester City Attorney's Office
201 Fourth Street S.E., Room 247
Rochester, MN 55904
zone2000/order.annexcasc de2(whil)
•
7
EXHIBIT A
•
Wednesday, March 24, 2004
Jon Whitcomb
Wesley Investments
Re: Rochester Annexation
Dear-lon:
The following Legal Descriptions represent the areas that are to
be annexed into the City of Rochester from Cascade Township.
• KREBSBACH PARCEL
The Northeast Quarter of the Southeast Quarter of Section 18,
Township 107 North, Range 14 West, Olmsted County, Minnesota.
AND
That part of the South Half of the Northeast Quarter of Section 18,
Township 107 North, Range 14 West, Olmsted County, Minnesota
described as follows: Beginning at the southeast corner of said
Northeast Quarter; thence on an assumed bearing of North 01
degrees 03 minutes 23 seconds West, along the east line of said
Northeast Quarter, 294.71 feet; thence South 88 degrees 56
minutes 37 seconds West 417.42 feet; thence North 01 degree 03
minutes 23 seconds West 208.71 feet; thence North 88 degrees
56 minutes 37 seconds East, 417.42 feet to the east line of said
Northeast Quarter; thence North.01 degree 03 minutes 23
seconds West, along said east line, 486.22 feet to a point 1649.67
feet south of the of the northeast corner of the Northeast Quarter,
said point being the southeast corner of WEDGEWOOD HILLS
FOURTH; thence South 89 degrees 29 minutes 46 seconds West,
along the south line of said WEDGEWOOD HILLS FOURTH and its
westerly extension, to the west line of said Northeast Quarter;
1
EXHIBIT A
•
thence southerly along said west line to the southwest corner of
said Northeast Quarter; thence easterly along the south line of
said Northeast Quarter to the point of beginning.
EXCEPT that part of the above described property described as
follows: Commencing at the southeast corner of said Northeast
Quarter; thence westerly on an assumed azimuth from grid north
of 269 degrees 29 minutes 54 seconds along the south line of
said Northeast Quarter 60.00 feet; thence northerly 358 degrees
56 minutes 37 seconds azimuth parallel with the east line of said
Northeast Quarter 44.64 feet to the point of beginning; thence
northerly 358 degrees 56 minutes 37 seconds azimuth 249.49
feet; thence westerly 269 degrees 56 minutes 37 seconds azimuth
357.43 feet; thence northerly 358 degrees 56 minutes 37 seconds
azimuth 208.71 feet; thence easterly 88 degrees 56 minutes 37
• seconds azimuth 357.43 feet; thence northerly 358 degrees 56 .
minutes 37 seconds azimuth 486.79 feet to the south line of
Wedgewood Hills Fourth, according to the plat thereof on file at
the County Recorder's office, Olmsted County, Minnesota; thence
westerly 269 degrees 29 minutes 46 seconds azimuth along said
south line 1091.75 feet; thence southerly 179 degrees 21 minutes
34 seconds azimuth 165.00 feet; thence easterly 89 degrees 29
minutes 08 seconds azimuth 65.30 feet; thence southeasterly
117.16 feet on a tangential curve concave southwesterly, having a
radius of 150.00 feet and a central angle of 44 degrees 45
minutes 04 seconds; thence southeasterly 134 degrees 14
minutes 12 seconds azimuth 198.99 feet; thence southeasterly
90.77 feet an a tangential curve concave northeasterly, having a
radius of 200.00 feet and a central angle of 26 degrees 00
minutes 09 seconds; thence southerly 198 degrees 14 minutes 01
seconds azimuth 73.68 feet; thence southwesterly 68.08 feet on a
tangential curve concave northwesterly, having a radius of 1 50.00
feet and a central angle of 26 degrees 00 minutes 12 seconds;
thence ester! seconds
e e southwesterly 224 degrees 14 minute's 16
azimuth 109.02 feet; thence southeasterly 121 degrees 03
minutes 18 seconds azimuth 662.24 feet; thence easterly 89
2
EXHIBIT A
i
degrees 04 minutes 29 seconds azimuth 283.28 feet to the point
of beginning. (previously annexed to the city)
L'EQUE PARCEL-NORTH
The South Half of the Southwest.Quarter of Section 18, Township
107 North, Range 14 West, Olmsted County, Minnesota
ZEIMETZ PARCEL
The West Half of the Southeast Quarter of Section 18, Township
107 North, Range 14 West, Olmsted County, Minnesota
AND
The Southeast Quarter of the Southeast Quarter of Section 18,
�i_..aL, Range 14 ;nle,sr Olmsted County, Minnesota.
Township �v� �������, ��a�,ye � ��
TILL PARCEL
The East Half of the Northeast Quarter of Section 19, Township
107 North, Range 14 West, Olmsted County, Minnesota
AND
The Northwest Quarter of the Northeast Quarter of Section 19,
Township 107 North, Range 14 West, Olmsted County, Minnesota.
EXHIBIT A
•
HEWLETT PARCEL
The Southwest Quarter of the Northeast Quarter of Section 19,
Township 107 North, Range 14 West, Olmsted County, Minnesota.
BADGER PARCEL
That part of the South Half of the Northwest Quarter of Section
19, Township 107, Range 14, Olmsted County, Minnesota,
described as follows: Beginning at the southwest corner of said
Northwest Quarter and running thence East along the South line
thereof, a distance of 1665.00 feet; thence northerly parallel to
the west line of said South Half a distance of 1320 feet more or
less to the north line of said South Half of the Northeast Quarter;
• thence East along said north line a distance of 845.3 feet to the
northeast corner of said South Half; thence South along the east
line of said South Half to the southeast corner of said South Half;
thence west along the south line of said South Half to the point of
beginning.
CROSS PARCEL
That part of the South Half of the Northwest Quarter of Section
19, Township 107, Range 14, Olmsted County, Minnesota,
described as follows: Beginning at the southwest corner of said
Northwest Quarter and running thence East along the South line
thereof, a distance of 1170.00 feet; thence northerly at right
angles to the said south line a distance of 1320 feet more or less
to the north line of said South Half of the Northeast Quarter;
thence West along said North line a distance of 1170.00 feet;
thence South along the West line to the point of beginning;
EXCEPT that part which lies South and West of the public Road and
ALSO EXCEPT the North 220.00 feet of the West 500.00 feet
. thereof..
EXHIBIT B
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