HomeMy WebLinkAboutResolution No. 032-05 2 S dk
RESOLUTION AMENDING
RESOLUTION #042-04
WHEREAS, on September 20, 1999, the Common Council of the City of.Rochester and
the Town of Marion executed a Joint Resolution for Orderly Annexation for Marion Area #2 (a
copy of which is attached and incorporated herein); and
WHEREAS, paragraph 7(b) of the Joint Resolution allows land contained in the orderly
annexation area to be annexed to the City whenever a landowner whose property abuts the City
limits files a petition for annexation with the City and when the City adopts a resolution in
compliance with paragraph 6 of the Joint Resolution; and,
WHEREAS, Robert Eide has filed a petition to annex four parcels of land totaling
approximately two acres of land located along the south side of Highway 14 East, east of the
Knights of Columbus and west of the Hundred Acre Woods Subdivision; and,
WHEREAS, on January 22, 2004, the Council adopted Resolution No. 042-04 by which
the City annexed the property in question; and,
WHEREAS, the City has been informed that the legal description found in Resolution No-..
042-04 was incorrect and needs to be amended; and,
•
WHEREAS, the purpose of this Resolution is to amend the legal description found in
Resolution No. 042-04; and,
WHEREAS, the correct legal description for the petitioned property is as follows:
A parcel of land lying in that part of.the Southwest Quarter (SW '/4) of the Southwest
Quarter (SW %), Section Six (6), Township One Hundred Six (106), Range Thirteen (13);
Olmsted County, Minnesota, lying South of Trunk Highway#14,described by metes and bounds
as follows: Commencing at a point on the South Right of Way line of Trunk Highway#14 where.
said Right of Way line intersects the West line of said Sec-6, thence easterly along said Right of
Way line a distance of 935.63 feet for a place of beginning, thence Southerly at right angles to"
said Right of Way line a distance of 236.0 feet, thence Easterly parallel with said Right of Way
line a distance of 60 feet, running thence Northerly at right angles a distance of 236.0 to said
Right of Way line, thence Westerly along said Right of Way line a distance of 60 feet to the
place of beginning.
and
A part of the Southwest Quarter of the Southwest Quarter (SW % SW Y4) of
Section 6, Township 106,'Range 13, Olmsted County, Minnesota, lying south of Highway
Number 14, described by metes and bounds as follows: Commencing at a point on the
•3outh right of way line of Highway Number 14 where said line intersects the west line of
said Section 6; thence easterly along said right of way line 1135.63 feet for a place of
beginning; thence southerly at right angles to said right of way line 236.00 feet; thence
easterly parallel with said right of way line, 40.71 feet; thence northerly at a deflection
angle of 70033' to the left from the previous course 53.02 feet; thence easterly parallel
with said right of way line 81.8 feet; thence northerly at right angles 186.0 feet to a point
on said right of way line; thence westerly along said right of way line 140.17 feet to the
place of beginning.
and
A parcel of land lying in that part of the SW '/4-SW Y4, Section 6, Township 106,
Range 13, which lies South of Trunk Highway No. 7 (U.S. Route 14), described by metes
and bounds as follows: Commencing at a point on the South right of way line of Trunk
Highway No. 7, where said right of way line intersects the West line of said Section 6;
thence Easterly along said right of way line a distance of 1035.63 feet for a place of
beginning; thence Southerly at right angles to said right of way line a distance of 236 feet;
thence Easterly parallel with said right of way line a distance of 100 feet; thence Northerly
at right angles a distance of 236 feet to said right of way line; thence Westerly along said
right of way line a distance of 100 feet to the place of beginning.
and
A parcel of land lying in that part of the Southwest Quarter of the Southwest
*Quarter (SW '/ SW '/) of Section 6, Township 106 North, Range 13 West, lying south of
Trunk Highway No. 14, described by metes and bounds as follows: Commencing at a
point on the south right-of-way line of Trunk Highway No. 14, where said right-of-way line
intersects the west line of said Section 6; then easterly along said right-of-way line a
distance of 995.63 feet for a place of beginning; thence southerly at right angles to said
right-of-way line a distance of 236 feet; thence easterly parallel with said right-of-way line
a distance of 40 feet; thence running northerly at right angles a distance of 236 feet to
said right-of-way line; thence westerly along said right-of-way line a distance of 40 feet to
the place of beginning.
Containing in all two acres more or less.
WHEREAS, the petitioned property abuts the City limits; and,
WHEREAS, the Council wishes to invoke the procedure described in paragraph 7(b) of
the Joint Resolution and annex the petitioned property and the petitioned property satisfies
paragraph 7 (b) of the Joint Resolution; 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,
• 2
WHEREAS, the City's estimate of the population and number of households contained in
the area is two; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.07133 per kilowatt-hour from January through May and October through December, and (b)
.08633 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 Marion and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF 2005.
PRESIDENT OF SAID COMMON COUNCIL
•
ATTEST:
Cl CLERK
APPROVED THIS DAY OF Feh�u&u 12005.
MAYOR OF SAID CITY
,(Seal of the City of
Rochester, Minnesota)
Zone05\0AA\3es0401(Mahon2)aind
3
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#2)
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
lth hea 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:
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 1325.58 acres.
4. Any part or all of the lands described in Exhibit A may, except as otherwise provided, be
annexed to the City no earlier than January 1 of the year five years after the substantial completion of a water or
sewer project providing water or sewer service to the area. The determination of substantial completion shall be
onade'by the City's Department of Public Works who shall provide written notice of,its determination to the
own 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
of 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
0-cribed 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 the upon adoption by the City of a resolution
following the procedures as prescribed in paragraph 6 and whenever:
(a) a majority of the property owners submit a petition for annexation or otherwise indicate their
interest to the City or Town in being annexed and receiving sanitary sewer or water service. The
City may consider annexation of said lands after first having the proposal reviewed by the City
Planning and Zoning Commission and receiving a recommendation from that body;
(b) a landowner abuts the City limits and said landowner files a petition for annexation with the
City. In such instance, review by the Rochester Planning and Zoning Commission shall not'be
required prior to the City acting upon said petition;
(c)- a landowner seeks to develop a residential, commercial, industrial, or governmental use on land
which is platted or subdivided or which is proposed to be platted or subdivided for development
at a density of more than one unit per 40 acres. In such instances, the City may immediately
anriex 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
Oprivate'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
*verall 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
r .
11. It is the City's intention to provide only sanitary sewer and/or water service to developed lands in
the annexation area prior to annexation pursuant to this joint resolution. Thereafter, any other or additional
local 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
pursuant to Minn. Stat. Chapters 429 and. 444. The City_shall furnish to Town by November 151h of each
appropriate year a list of properties subject to connection agreements and the amount of special assessments to
e 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-bindirig mediation, either
' art may seek relief through party Y 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_haw: 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 4ch
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 207Y DAY OF 6t=p sfnace— , 1999.
l
SIDENT 0 SAID MMON COUNCIL
ATTEST:
CIT CL RK
APPROVED THIS Zlor DAY OF ��YI?B�R-. , 1999.
n
MAYOR 0 SAID TY
(Seal of the City of
Rochester, Minnesota)
PASSED AND ADOPTED BY THE TOWN OF /Y1�3,p� ,MINNESOTA, THIS l4 78
IDDAY OF , 1999.
HADZMAN OF TO
ATTEST: TO CLE
Zone\order.anncx.marion2doc
6
....._...........`
,
Exhibit "A"
Marion Township
Orderly-Annexation
Area #2
Q
Legend
El Currently in City _ l
` ❑ Annexation Area
®......... ® _ _ ❑ Marion Township
Lit.
LI
Exhibit "A"
Marion Township Orderly Annexation Area #2
---------------
i:l��l lilllll III � � �
1 -
YI
M �
-
,. a
IfI,1 III � •� � � � � , a, < ¢ � v %
tt
, S I
��. ` .► III. I I I � I'{: �
VV' <
I � �
.sue �+�.+ ^C4x-y'-:. =�..��'S, ♦ -�l'i"Y 5+.� "k'^yg.'<7' t" .
£ N Y
, -
5 f•-+ u l n � i l l l n I ��"_`
_ � ,i 1 I ➢mm I I� .
1
I fl
4.
OR
Annexation Area "
[_] City Parcel 0 800 1600 2400 3200 Feet .WE
0 Marion Township Parcel
Hw I.��A:avrra.rr
1/3/2000
` YCA#6768
MF
SURVEYOR'S AFFIDAVIT
I, Michael J. Fritz, 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 92.
Date Michael J. Fritz,L 20703
STATE OF MINNESOTA )
) SS
COUNTY OF OLMSTED )
• The foregoing instrument was acknowledged before me this day of
2000,by Michael J. Fritz, LS 20703.
BARBARA S. DICKHUT Notary Public, Olmsted County,MN
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 131-
■ My Commission Expires
This Instrument was prepared by:
YAGGY COLBY ASSOCIATES
717 SE Third Avenue
Rochester,MN 55904
PH: 507/288-6464
FAX: 507/288-5058
•
1/3n_000
YCA#6768
DR
Page- I
!j E=BIT B
NORTHWEST QUARTER, SECTION 7
DESCRIPTION
The Northeast Quarter of the Northwest Quarter of Section 7., Township 106 North, Range 13
West, Olmsted County, Minnesota.
Said tract contains 38.53 acres more or less.
Also, that part of the Northwest Quarter of the Northwest Quarter of Section 7, Township 106
North, Range 13 West, Olmsted County, Minnesota, described as follows:
Commencing of the northeast corner of.said Northwest Quarter of the Northwest
Quarter; thence westerly on a Minnesota State Plane Grid Azimuth from north of
269 degrees 02 minutes 17 seconds along the north line of said Northwest Quarter
324.9 feet to the point of beginning; thence continue westerly 269 degrees 02
minutes 17 seconds azimuth along said north line 271.00 feet; thence southerly
179 degrees 02 minutes 17 seconds azimuth 162.40 feet;. thence easterly 89
degrees 02 minutes 17 seconds azimuth 271.00 feet; thence northerly 359 degrees
02 minutes 17 seconds azimuth 162.40 feet to the point of beginning.
Said tract contains 1.01 acres more or less.
• l
WWOO
YCA 96768
DR
Page-2
f
EXHIBIT B
NORTHEAST QUARTER,SECTION 7
That part of the Northeast Quarter of Section 7, Township 106 North, Range 13 West, Olmsted
County, Minnesota, described as follows:
Beginning at the northwest corner of said Northeast Quarter;thence southerly on
a Minnesota State Plane Grid Azimuth from north of 178 degrees 47 minutes 15
seconds along the west line of said Northeast Quarter 1962.34 feet to a point
660.00 feet north of the center of said Section 7; thence easterly 89 degrees 00
minutes 01 seconds azimuth parallel to the south line of said Northeast Quarter
790.36 feet; thence southerly 178 degrees 47 minutes 15 seconds azimuth 220.00
feet to the north line of Fierk's First Replat; thence easterly 89 degrees'00 minutes
01 seconds azimuth along said north line 199.78 feet to the west line of Rose-
Harbor First Subdivision; thence northerly 358 degrees 52 minutes 36 seconds
azimuth along said west line 201.00 feet to the north line of said Rose-Harbor
First Subdivision; thence easterly 89 degrees 05 minutes 35 seconds azimuth
along said north line 366.94 feet to the west line of Rose-Harbor Fourth Addition;
thence southerly 179 degrees 05 minutes 35 seconds azimuth along said west line
187.60 feet to the south line of Lot 2, Block 9 of said Rose-Harbor Fourth
Addition; thence easterly 89 degrees 04 minutes 45 seconds azimuth along said
south line 71.45 feet to the southeasterly line of said Lot 2; thence northeasterly
36 degrees 24 minutes 04 seconds azimuth along said southeasterly line 204.40
feet to the center line of Harbor Parkway (Knollwood Drive); thence
northwesterly 140.70 feet along said center line on a nontangential curve concave
northeasterly, having a radius of 190.99 feet; a central angle of 42 degrees 12
minutes 36 seconds, and a chord azimuth of 327 degrees 30 minutes 22 seconds to
the easterly extension of the northerly line of Lot 3 of said Block 9; thence
westerly 258 degrees 36 minutes 40 seconds azimuth along said northerly line
169.00 feet to the west line of said Rose-Harbor Fourth Addition;thence northerly
358 degrees 53 minutes 06 seconds azimuth along said west line 747.05 feet to
the center line 'of Park Street; thence easterly 88 degrees 50 minutes 35 seconds .
azimuth 490.22 feet; thence southeasterly 194.50 feet along said center line on a
tangential curve concave southwesterly, having a radius of 190.99 feet and a
central angle of 58 degrees 21 minutes 00 seconds; thence southeasterly 147
degrees 11 minutes 35 seconds azimuth along "said center line 40.30 feet to the
center line of Rose Avenue; thence northeasterly 57 degrees 11 minutes 35
seconds azimuth along said center line 275.60 feet to the northeasterly line of said
Rose-Harbor Fourth Addition; thence southeasterly 147 degrees 11 minutes 35
seconds azimuth along said northeasterly line 33.00 feet; thence southeasterly 150
degrees 16 minutes 35 seconds azimuth along said northeasterly line, 141.70 feet
to the northwesterly comer of Lot 1, Block 6 of said Rose Harbor Fourth
Addition; thence southerly 165 degrees 04 minutes 17 seconds azimuth along the
westerly line of said Lot 1, a distance 159.60 feet to the center line of Sunset
Avenue; thence southwesterly 125.45 feet along said center line on a
nontangential curve concave southeasterly, having a radius of 279.49 feet, a
central angle of 25 degrees 43 minutes 05 seconds, and a chord azimuth of 239
i S "
1/32000
YCA n6768
DR
•� degrees 49 minutes 02 seconds to the northwesterly extension of the northeasterly Page-3
line of Lot 6, Block 2 of Rose-Harbor Fourth Addition; thence southeasterly 138
degrees 43 minutes 04 seconds azimuth along said northeasterly line and its
extension thereof 109.09 feet to the east line of said Lot 6; thence southerly 178
degrees 56 minutes 05 seconds azimuth along said east line and its southerly
extension thereof 372.00 feet to the north line of Lot,3 of said Block 2; thence
westerly 269 degrees 05 minutes 35 seconds azimuth along said north line 163.00
feet to the center line of said Sunset Avenue; thence southerly 178 degrees 56
minutes 05 seconds azimuth along said center line 124.00 feet to the westerly
extension of the south line of said Lot 3;thence easterly 89 degrees 05 minutes 35
seconds azimuth along said south line and its extension 163.00 feet to the east line
of Lot 2 of said Block 2; thence southerly 178 degrees 56 minutes 05 seconds
azimuth along said-east line and its southerly extension thereof 281.00 feet to the
center line of South Street(15'' Street SE); thence easterly 89 degrees 05 minutes
35 seconds azimuth along said center line 163.00 feet to the center line of Sunrise
Avenue; thence northerly 358 degrees 56 minutes 05 seconds azimuth along said
center line 281.00 feefto the westerly extension of the south line of Lot 3, Block 3
of Rose-Harbor Fourth Addition; thence easterly 89 degrees 05 minutes 35
seconds azimuth along said south line and its extension thereof 163.00 feet to the _
east line of Rose Harbor Fourth Addition; thence northerly 358 degrees 56
minutes 05 seconds azimuth along said east line and along the east'line of said
Northeast Quarter 2117.40 feet to the north line of said Northeast Quarter; thence
westerly 268 degrees 36 minutes 02 seconds azimuth along said north line
2638.79 feet to the point of beginning.
Said tract contains Lots I and 4, and parts of Lots 2 and 3 of Block 5; Lots I and
2 of Block 6; Lots I and 4, and parts of Lots 2 and 5 of Block 7; Lots 1, 2, and 3
of Block 8, all in Rose-Harbor Second Subdivision.
.Said tract also contains Lots 1, 2, 3, 4, 5, 6, and 7 of Rose-Harbor Third
Subdivision.
Said tract also contains Lots 3; 7, 8, 9, 10, 11, 12, and 13 of Block 2; Lots 3, 4; 5,
6, and 7 of Block 3; Lot 1 of Block 5; Lot 1 of Block 6; Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, and 14 of Block 8; Lots 2 and 3 of Block 9; Lots 1, 2, 3, 4, 5, 6,
and 7 of Block 10, all in Rose-Harbor Fourth Addition.
Said tract contains 106.49 acres more or less.
This proposed annexation area is to include all public right-of-ways and
easements within the above described areas.
1/3/2000
YCA"6768
DR
Page-4
EXHIBIT B
SOUTHWEST QUARTER, SECTION 6
That part of the Southwest Quarter of Section 6, Township 106 North, Range 13 West, Olmsted
County, Minnesota, described as follows:
Beginning at the southeast corner of said Southwest Quarter; thence easterly on.a
Minnesota State Plane Grid Azimuth from north of 269 degrees 02 minutes 17
seconds along the south line of said Southwest Quarter 2106.63 feet to the east
line of Eastgate Commercial Park First Subdivision; thence northerly 358 degrees
43 minutes 17 seconds azimuth along said east line 160.00 feet; thence northerly
322 degrees 43 minutes 17 seconds azimuth along said east line 142-.00 feet;
thence northerly 354 degrees 43 minute's 17 seconds azimuth along said east line
160.00 feet; thence northerly 13 degrees 38 minutes 17 seconds azimuth along
said east line 333.40 feet; thence easterly 72 degrees 28 minutes 02 seconds
azimuth 247.20 feet; thence easterly 85 degrees 51 minutes 47 seconds azimuth
147.46 feet; thence easterly 69 degrees 10 minutes 57 seconds azimuth 143.24
feet; thence northerly 339 degrees 10 minutes 57 seconds azimuth 339.51 feet to
the center line of the eastbound lane of Trunk Highway No. 14; thence
northeasterly 67 degrees 15 minutes 57 seconds azimuth along said center line
1400.55 feet; thence easterly 410.11 feet along said center line on a tangential
curve concave southerly, having a radius of 938.14 feet and a central angle of 25
degrees 02 minutes 49 seconds to the east line of said Southwest Quarter; thence
southerly 178 degrees 35 minutes 41 seconds azimuth along said east line 1788.17
feet to the point of beginning.
Said tract contains 67.93 acres more or less.
i
1/32000
YCA#6768
DR
Page-5
�) EXHIBIT B
SOUTH HALF, SOUTHEAST QUARTER, SECTION 6
That part of the South Half of the Southeast Quarter of Section 6, Township 106 North, Range
13 West, Olmsted County, Minnesota, described as follows:
Beginning at the southwest corner of said Southeast Quarter; thence easterly on a
Minnesota State Plane Grid Azimuth from north of 88 degrees 36 minutes 02
seconds along the south line of said Southeast Quarter 2195.91 feet to the west line }
of the east 442.86 feet of the said South Half; thence northerly 358 degrees 06
minutes 27 seconds azimuth along said west line 1317.83 feet to the north line of
said South Half; thence westerly 268 degrees 41 minutes 47 seconds along said
north line 2184.71 feet to the west line of said Southeast Quarter; thence southerly
178 degrees 35 minutes 41 seconds azimuth along said west line 1321.44 feet to
the point of beginning.
Said tract contains 66.35 acres more or less.
1/30000
YCA#6768
DR
Page-6
�) EXHIBIT B
SOUTHEAST QUARTER,SECTION 7
DESCRIPTION
That part of the Southeast Quarter of Section 7; Township 106 North, Range 13 West, Olmsted
County, Minnesota, described as follows:
Beginning'at the southwest corner of said Southeast Quarter; thence northerly on
a Minnesota State Plane Grid Azimuth from north of 358 degrees 45 minutes 04
seconds along the west line of said Southeast Quarter 1366.25 feet to the
southwesterly right-of-way line of C.S.A.H. No. 36 of Olmsted County Highway
Right-Of-Way Plat No. 103; thence southeasterly 128 degrees 40 minutes- 52
seconds azimuth along said southwesterly right-of-way line 885.64 feet; thence
southeasterly 147 degrees 09 minutes 07 ' seconds azimuth along said
southwesterly right-of-way line 47.79 feet; thence southeasterly 132 degrees 31
minutes 35 seconds azimuth along said southwesterly right-of-way line 297.39
feet to the southerly extension of the west line of Marvale Subdivision; thence
northerly 358 degrees 34 minutes 11 seconds azimuth along said southerly
extension line and along the west line of Marvale No. Five, a distance of 1741.99
feet to the north line of said Marvale No. Five; thence easterly 89 degrees 04
minutes 41 seconds azimuth along'said north line and along the north line of
Marvale No. Six, a distance of 1538.98 feet to the west line of Outlot 1 of said
Marvale No. Six; thence southerly 178 degrees 55.minutes 26 seconds azimuth
along said west line and along the west line of Outlot 1 of Marvale No. Seven, a
distance of 932.78 feet; thence southeasterly 164.07 feet along the southerly line
of said Outlot 1 on a tangential curve concave northeasterly, having a radius of
157.99 feet'and a central angle of 59 degrees 30 minutes 00.seconds; thence
easterly 90 degrees 45 minutes 22 seconds azimuth along said southerly line
110.27 feet to the east line of Marvale No. Seven; thence southerly 178 degrees
31 minutes 11 seconds azimuth along said east line and along the east line of said
Southeast Quarter 1227.20 feet to the south line of said Southeast Quarter; thence
westerly 269 degrees 04 minutes 41 seconds azimuth along said south line
2643.09 feet to the point of beginning, which includes all Marvale Subdivision,
Marvale No. Two, Marvale No. Three, Marvale No. Four, Marvale No. Five,
Marvale No. Six, Marvale No. Seven, and Whynaught's Subdivision, except
Outlot 1 of Marvale No. Six and Outlot 1 of Marvale No. Seven.
Said tract contains 106.97 acres more or less.
This proposed annexation area is to include all public right-of--ways and
easements within the above described areas.
1/32000
YCA#6768
DR
Page-7
EXHIBIT B
SOUTH HALF,SOUTHWEST QUARTER, SECTION 7
DESCRIPTION
That part of the South Half of the Southwest Quarter of Section 7, Township 106 North, Range
13 West, Olmsted County, Minnesota, described as follows:
Beginning at the southeast corner of said Southwest Quarter; thence northerly on
a Minnesota State Plane Grid Azimuth from north of 358 degrees 45 minutes 04
seconds along the east line of said Southwest Quarter 1317.25 feet to the north
line of said South Half; thence westerly_ 268 degrees 43 minutes 45 seconds
azimuth along said north line .2556.46 feet to the west Iine of said Southwest
Quarter;.thence southerly'178 degrees 41 minutes 46 seconds azimuth along said
west line 1318.36 feet to the south line of said Southwest Quarter; thence easterly
88 degrees 42 minutes 16 seconds azimuth along said south line 2555.19 feet to
the point of beginning.
Said tract contains 77.32 acres more or less..
1!32000
YCA R6768
DR
EXHIBIT B I
Page-8
NORTH HALFS,NORTHWEST AND NORTHEAST QUARTERS, SECTION 18
DESCRIPTION
That part of the North Half of the Northwest Quarter and the North Half of the.Northeast Quarter
of Section 18, Township 106 North, Range 13 West, Olmsted County; Minnesota, described as
follows:
Beginning at the northwest corner of said Northwest Quarter;thence easterly on a
Minnesota State Plane Grid Azimuth from north of 88 degrees 42 minutes 16
seconds along the north line of 'said Northwest Quarter 2555.19 feet to the
northeast corner of said Northwest Quarter; thence easterly 89 degrees 04 minutes
41 seconds azimuth along the north line of said Northeast Quarter 2643.09 feet to
the northeast corner of said Northeast Quarter; thence southerly 178 degrees 25
minutes 37 seconds azimuth along the east line of said Northeast Quarter 1318.26
feet to the south line of said North Half of the Northeast Quarter; thence westerly
268 degrees 59 minutes 18 seconds azimuth along said south line 2643.82 feet to
the southeast corner of said North Half of the Northwest Quarter; thence westerly
268 degrees 47 minutes 36 seconds azimuth along the south line of said North
• Half of the Northwest Quarter 1280.75 feet to the east line of the Northwest
Quarter of said Northwest Quarter; thence northerly 358 degrees 35 minutes 48
seconds azimuth along said east line 29.93 feet; thence westerly 278 degrees 37
minutes 01 seconds azimuth 1299.97 feet to the west line of said Northwest
Quarter; thence northerly 358 degrees 44 minutes 01 seconds azimuth along said
west line 1066.69 feet to the point of beginning.
Said tract contains Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, and 24 of Samelian's Subdivision and Lots 1, 2, 3, 4, 5, 6, 7, 8,
and 9 of Samelian's Second Subdivision.
Said tract contains 153.53 acres more or less.
This proposed annexation area is to include all public right-of-ways and
easements within the above described areas.
1/3/2000
YCA#6768
DR
EXHIBIT B Page-9
NORTHWEST QUARTER,SECTION 17
DESCRIPTION
That part of the Northwest Quarter of Section 17, Township 106 North, Range 13 West, Olmsted
County, Minnesota, described as follows:
Beginning at the northwest corner of said Northwest Quarter; thence southerly on
a Minnesota State Plane Grid Azimuth from north of 178 degrees 25 minutes 37
seconds along the west line of said Northwest Quarter 1318.26 feet to the south
line of the Northwest Quarter of said Northwest Quarter; thence easterly 89
degrees 12 minutes 50 seconds azimuth along said South line 33.00 feet; thence
northelry 358 degrees 35 minutes 37 seconds azimuth 105.36 feet to the southerly
line of Olmsted County Right-Of-Way Plat No. 104; thence easterly 88 degrees
25 minutes 37 seconds azimuth along said southerly right-of-way line 17.04 feet;
thence northerly 358 degrees 25 minutes 37 seconds along said southerly line
70.00 feet; thence northeasterly 244.95 feet along a-tangential- curve concave
southeasferly, having a radius of 165.00 feet and a central angle of 85 degrees 03
minutes 32 seconds; thence easterly 107 degrees 34 minutes 58 seconds azimuth
• along said southerly line 519.82 feet; thence easterly 104 degrees 59. minutes 30
seconds azimuth along said southerly,line 32 L.23 feet; thence southeasterly
1111.77 feet along said southerly line and along the southerly right-of-way line of
C.S.A.H. No. 36 and along a nontangential curve concave northeasterly, having a
radius of 17235.73 feet, a central angle of 03 degrees 41 minutes 45 seconds, a
chord azimuth of 118 degrees 10 minutes 02 seconds, and'a chord distance of
1111.57 feet to the southerly extension of the west line of Cedar Park First
Subdivision; thence northerly 359 degrees 06 minutes.00 seconds azimuth.along
said extension line and along.the west line of said Cedar Park First Subdivision
1234.06 feet to the northwest comer thereof; thence easterly 89 degrees 06
minutes 00 seconds azimuth along the north line of said Cedar Park First
Subdivision 456.28 feet; thence northerly 359 degrees 06 minutes 00 seconds
azimuth along said northerly line 267.53 feet; thence easterly 89 degrees 06
minutes 00 seconds azimuth along said northerly line 169.50 feet to the east line
of said Northwest Quarter; thence northerly 357 degrees 37 minutes 50 seconds
azimuth along said west line 267.53 feet to the north line of said Northwest
Quarter; thence westerly 269 degrees 06 minutes 24 seconds azimuth along said
north line 2604.77 feet to the point of beginning.
Said tract contains 65.72 acres more or less.
1%3/2000
YCA#6768
DR
EXHIBIT B Page.- 10
NORTHEAST QUARTER, SECTION 17
DESCRIPTION
The north 50.00 feet of the Northeast Quarter of Section 17, Township 106 North, Range 13
West, Olmsted County, Minnesota.
Said tract contains 3.04 acres more or less.
1/3/2000
YCA R6768
DR
Page- i l
E=BIT B
SECTION 8
DESCRIPTION
The Northwest Quarter, the Northeast Quarter, the Southeast Quarter, and the Southwest.Quarter, all in
Section 8; Township 106 North, Range 13 West, Olmsted County, Minnesota more particularly
described as follows:
Beginning at the northwest corner of said Northwest Quarter; thence easterly on a
Minnesota State Plane Grid Azimuth from north of-89 degrees 40 minutes,27 seconds
along the north line of said Northwest Quarter 2629.78 feet to the northwest corner of said
Northeast Quarter; thence easterly 89 degrees 37 minutes 22 seconds azimuth along the
north line of said Northeast Quarter 2631.63 feet to the northeast corner of said Northeast
Quarter; thence southerly 178 degrees 47 minutes 04 seconds azimuth along the east line of
said Northeast Quarter 2626.87 feet to the northeast corner of said Southeast Quarter;
thence southerly 178 degrees 45 minutes 53 seconds azimuth along the east line of said
Southeast Quarter 2626.14 feet to the southeast comer of said, Southeast Quarter; thence
westerly 269-degrees 37 minutes 26 seconds azimuth along the south line of said Southeast.
Quarter 2651.60 feet to the southeast corner of said Southwest Quarter; thence westerly
269 degrees 06 minutes 24 seconds azimuth along the south line of said Southwest Quarter
• 2604.77 feet to the southwest corner of said Southwest Quarter; thence northerly 358
degrees 30 minutes 39 seconds azimuth along the west line of said Southwest Quarter
2638.16 feet to the northwest corner of said Southwest Quarter; thence northerly 358
degrees 56 minutes 05 seconds azimuth along the west line of said Northwest Quarter
2640.74 feet to the point of beginning..
Said tract contains Lots 1, 2, 3, and 4, Block 1; Lots 1, 2, 3, and 4, Block 2; Lots 1, 2, 3, 4,
5,6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Block 3, all in
Christopher Courts Subdivision; Lots 1 and 2, Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12' 13, 14, and 15, Block 2; Lots 1, 2, 3,4, 5, 6, and 7, Block 3; Lots 1,2, 3,4, 5, 6, 7, 8, 9,
and 10, Block 4, all in Christopher Courts Second Subdivision; Lots 1,2, 3, 4, 5, 6, ?, 8, 9,
10, 11, and 12, all in Lake's Subdivision;Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 1; Lots 1,
2, 3, 4, 5, 6, 7, and 8, Block 2, all in Nelson-Subdivision; Lots 1, 2, 3, and 4, Block 1; Lots
1,2, 3, and 4,Block 2; Lots 1 and 2, Block 3, all in Nelsons Second Subdivision; Lots 1, 2,
and 3, Block 1;Lots 1 and 2,Block 2, all in Nelsons Third Subdivision..
Said tract also contains Lots 1, 2, 3,4, 5,6,7, 8, 9, 10, 11, 12, 13, 14, and 15, Block 1; Lots
1, 2, 3, 4, 5, 6, 71.8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Block 2;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, Block 3; Lots
1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 4; Lots 5, 6, 7, 8, 9, 10, 11,.12, 13, 14, 15, 16, and 17
and parts of Lots 2 and 3, Block 5; Lots 3 and 6 and parts of Lots 2 and 5, Block 7, all in
Rose-Harbor Second Subdivision.
•) Said tract contains 635.46 acres more or less.
This proposed annexation area is to include all public right of-ways and easements within
the above described areas.
1/3/2000
YCA M6768
DR
Page• 12
EXHIBIT
B
ROSE HARBOR FIRST SUBDIVISION
DESCRIPTION
Lots 1,2, and 3,Block 1; Lots 2 and 6, Block 2; Lots 1 and 4, Block 3; and Lot 3, except the east
16.00 feet thereof, Block 4, all in Rose Harbor First Subdivision.
The total quantity of land included in said petition is approximately 3.23 acres in size.
This proposed annexation area is to include all public right-of ways and easements within the
above described areas.