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HomeMy WebLinkAboutResolution No. 413-05 r 9 au. ..................i� -w_._..._.u.i_: .�_� ,...r..r..,.a...._a....._ ._...t._��� -.:�:.c............ ..._L_.� .�. .._..._.�...d........._._. .w... .....d ...... _._._�a_...a._L'�w.�•.3r.....iiS� r • 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 area, as described in Exhibit A thereto, to be annexed to the City; and, 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: ANNEXATION EAST OF T.H. 52 That part of the Southwest Quarter of Section 4, Township 107 North, Range 14 West, • Olmsted County, Minnesota, described as follows: Commencing at the southeast corner of the Southwest Quarter of said Section 4; thence South 89 degrees 04 minutes 16 seconds West, assumed bearing, along the south line of said Southwest Quarter, 225.00 feet for the point of beginning; thence North 00 degrees 55 minutes 44 seconds West, 150.00 feet; thence North 23 degrees 51 minutes 33 seconds West, 1130.93 feet to the easterly line of Parcel No. 531 of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 55 63; thence South 38 degrees 08 minutes 38 seconds West, along said easterly line, 127.39 feet; thence South 06 degrees 47 minutes 12 seconds East, along said easterly line, 947.61 feet to the north line of Parcel No. 431 of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 55 — 38 thence North 89 degrees 04 minutes 16 seconds East, along said north line, 424.21 feet to the point of beginning. Containing 6.05 acres, more or less. ANNEXATION—WEST OF T.H. 52 That part of the Southwest Quarter of Section 4, Township 107 North, Range 14 West, Olmsted County, Minnesota, described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 4; thence North 89 degrees 04 minutes 16 seconds East, assumed bearing, along the south line of said Southwest Quarter, 1287.41 feet; thence North 00 degrees 55 minutes 44 seconds • West, 33.00 feet; thence North 05 degrees 09 minutes 21 seconds East, 667.08 feet to i the westerly line of Parcel No. 531 of MINNESOTA DEPARTMENT OF • TRANSPORTATION RIGHT OF WAY PLAT NO. 55 - 63 for the point of beginning; thence continue North 05 degrees 09 minutes 21 seconds East, 887.93 feet to a point on said westerly line (the next three courses are along said westerly line); thence South 05 degrees 31 minutes 57 seconds East, 318.09 feet; thence South 03 degrees 38 minutes 21 seconds West, 450.48 feet; thence South 34 degrees 43 minutes 00 seconds West, 143.75 feet to the point of beginning Containing 0.99 acres, more or less. WHEREAS, the above-described property satisfies and complies with the Joint Resolution (paragraph 2, (A), (IV) — "the City receives an annexation petition from a landowner"); and, WHEREAS, the City's estimate of the population is zero and the number of households contained in the area is zero; and, WHEREAS, the City's estimate of electrical service cost differences at the time of annexation is (a) an increase of .07133 per kilowatt-hour from January through May and October through December, and (b) an increase of .08633 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. •`` 2 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS Y OF , 2005. PRESIDENT OF SAID COMMON COUNCIL ATTEST: tTfY CLERK APPROVED THIS DAY OF 2005. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05\OAA\ResPCross(Cas) • • _3 A-IVIVEXA TI 0 N EXHIB I T N ..y n TING CITY LFWTS� ,a o - I I of EXISTING CITY UVITS 11, SCALE 1' - 300' ,_ h - > � 1 PROPOSED .LVIVEXaTION ARVA y c w Ul i. �,/>b•� EXIST4VG CITY LkSflTS - N� I _ �o _ oyl - ia of I w\ .����/�/�i/• J.a _ y4Mrwp P�x�dPT�Rcz� m o7 R/ .W.Dor R/s j •td as v. rurno.a a D D t► PLAT No. 5-65 PARCIL]]I Il D t I I D jr. r.65rif STREw 5.UNE 5EI/4 SEC.4 U/S:'L Al1G E'rGIN ?,i .U 4 P!.VaER$ is L SL%t'a QRS =,CrvcS;_rc. 4rlh,�'f50: 3EFORE T HE • `v11NNESOTr. 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 /7t4 of /Y]A� 2004, by and between the CITY OF ROCHESTER, MINNESOTA (the "City") and CASCADETOWNSHIP (the "Township"). WH_REAS, Minn. Stat. § 414.0325 authorizes townships and municipalities to provide or the orderly annexation of unincorporated areas that are in need of orderly annexation; and Y4HEREAS, t e property described in the a"ached (her-ina ;=r ,- e-- as "Annexation Area") is presently urban or suburban in nature cr about to become so, a;;c WHEREAS, the City and the Township desire to accomplish the orderly annexation of the Annexation Area in a mutually acceptable and beneficial manner without the need .or a nearing before the Municipal Boundary Adjustments Office of the Minnesota Department of Administration (MBA) or its successor (this reference to the MBA is intended to include this or any other agency succeeding the Minnesota Municipal Board) and, with the purpose oT avoiding an annexation dispute, enter into this joint resolution for orderly annexation pursuant to Minnesota Statutes 414.0325, Subd. 1. NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Township that the parties enter into this Joint Resolution for Orderly Annexation Agreement (hereinafter referred to as "Agreement") and agree to the following terms: 1. The City and Township hereby designate the properly situated in the Annexation Area as in need of orderly annexation pursuant to Minnesota Statutes, Section 414.0325. The legal description for the Annexation Area is provided on Exhibit "A", which is attached hereto and incorporated by reference. A map of the Annexation Area is provided in Exhibit "j', 1s attao—hed Or the convenierc.. of me Ca; .ies anC, :nCcrZ-orai=' herein by -eierence. 2. Annexation of land within the Annexation Area. (A) The City may, at any time after execution of this Agreement, annex by resolution any land within the Annexation Area subject only to the provisions of this Agreement and when such land meets one or more of the following criteria: (i) a majority of the property owners in a subdivision (defined as all of the lots on an individual plat filed for record in the Olmsted County Recorder's Office) in which one or more parcels are contiguous to the City, or a majority of the property owners of a contiguous parcel of land located entirely within the Annexation Area; petition for annexation; (ii) the City decides to add an arterial or collector road to its Municipal State Aid Street System that is designated on the ROCOG Thoroughfare Plan, but only to the extent of the right-of-way needed for said road and such land annexed for right-of-way purposes by itself shall not be used as the basis for surrounding an area to allow annexation by ordinance; 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 iaGlities, Water supply, water stor arse' of 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 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, on or after January 1, 2006, annex by resolution any land located within the area designated in Exhibit A that is completely surrounded by property within the City, except the lands described in attached Exhibit A-1, (commonly known as the Till farmstead), which may be annexed by City resolution at any time on or after January 1, 2009. 2 .,e Township wiii riot rile any obiectior: viitt- t"e iNAS1-. C0%Ceriil Ci;;i'� anneXaiJO Or any land `r`/'thin the Alnnexation Area So long as a is annexation complies the tefiiS and conditions Qi tniS Agreement. {' tine T cvinsnip has already riled slrc" objection with the MBA, the riling of this Agreement with the NIBS. shall constitute wit`Idra.va' 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. 1 a, must contain the City's estimates of the population and number of households in the area to be annexed. 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. In accordance with Minn. Stat. § 414.0325, within 30 days of receipt by the MBA 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. o. Lands ordered annexed pursuant to this Agreement will not be subject to any differential taxation as referenced in Minnesota Statutes, Section 414.035. Property 'taxes payable on annexed land shall continue to be paid to the Township for the entire year in `r`ihlch 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 leery year. If the MBA's order becomes effective after Augus 1 of a levy year, the Township may continue to levy on the annexed area for that levy year. Thereafter, property taxes on the annexed land must be paid to the City. 7. The City will provide the following property tax re-imbursement payments to the Township for land within the Orderly Annexation Agreement Area that is annexed to the City: (A) For land that is undeveloped as of the date of this agreement, the City will make ten yearly payments equal to the Township taxes on undeveloped land value at the time of annexation, regardless of whether the property is later developed. "Land that is undeveloped" is defined as any parcel without a structure or a parcel used for active crop or livestock farming purposes. The annual payments shall commence in the year following the annexation. (B) For lands that have already been developed prior to the date of this agreement, the City will make declining payments annually over five years. The first year payment will be 90% of the township taxes on the annexed land in the year of 3 second year payment 'will be !v°io or the towns iip faxes C . ne annexed land in the year C, annexation. The third year payment wiil be �G? of the township taxes on the annexed land in the year of annexation. The fcu,th year payment will be 30% of the township taxes on the annexed land in the year of annexation. The fifth year and final payment will be 10% of the township taxes on the annexed land in the year of annexation. Developed lands are defined as lands upon which a building structure exists on the County tax records prior to the date of execution of this agreement. 8. Any tax payments due to the Township pursuant to this Agreement will be made within 30 days of receipt by the City of the tax distribution from Olmsted County. 9. Nothing in this Agreement relieves the Township of - its governmental responsibilities for the Annexation Area prior to annexation by the City of the area or any portion thereof, 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. 10. 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. However; the Township ishall forward any zoning or subdivision applications to the City for review and comment prior to Township action on such application. 11 . The Township will take no action to grant permits, issue variances, vacate road,,vays or easements or any other such action that Is in direct conflict of providing propel utility extensions, road%,ay access management, or roadway connections along City roadways, and roadway connections or extensions of township roadways which are planned to connect to city roadways. 12. This Agreement provides the exclusive procedure by which the unincorporated property identified in the Annexation Area may be annexed by the City. 13. 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, 2014, whichever occurs first. 14. 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. 4 (^; Nlediation. Vlhen tn? QariiCS are UfiaDi� t0 f�S�iVS dispute,L_ cla;,i, c; • counterclaim, or are unable tc negotiate an, interpretation of an,f provision of this Agreement, the parties may n nutuaiiy 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. 15. 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. 16. This Agreement is made pursuant to, and shall be construed in accordance iwith 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. 17. The terms, covenants, conditions, and provisions of this "%greernen , including the present and all future attachments, shall constitute the entire agreement between the parties, superseding all prior agreements, including the 1976 Orderly Annexation Agreement between the City of Rochester and Cascade Township, and any amendments thereto, and any future changes to Minnesota Statutes, Chapter 414. There are no understandings, agreements or assumptions other than the written terms of this Agreement. 18. 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. 19. 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 13 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. i 5 +�. ^v notices reduirec to be sent Under terms of iilis acre'-Mem shai; • cons;dered suricient notice if mailed by first class U.S. mail to the City of 'Rochester, C; ; dminlsirator s 0f ice, 20 1 Z Stree. S=, acch he I��IN 55490 and �ajccd" T ownship Clerk. 21. The Township and City agree that upon adoption and execution of this Joint Resolution, the City shall file the same with the Department of Administration Municipal Boundary Adjustments Office and pay the required filing fee. The Township and City agree that in the event there are errors, omissions or any other problems with the legal description provided in Exhibit A or mapping provided in Exhibit B, in the judgment of the Department of Administration, the City and Township agree to make such corrections and file any additional documentation, including a new Exhibit A or Exhibit B making the corrections requested or required by the Department of Administration. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /74 DAY OF in 2004. { SID NT OF ROCHESTER COMMON COUNCIL ATTEST: c • �}�pu 4/ CITY CLERK APPROVED THIS /0W) DAY OF >I ���'- 2004. MAYOR OF CITY OF ROCHESTER (Seal of the City of Rochester, Minnesota ) 6 PASSED ,4iND ADOPTED by CASCADE TOVINSH IP, OLMS T ED COU,N-,' i %llNN`SOTr.. 7�,]S D.AY O; I I '� 2004. \-G-riAIRMAN OF TOWN- C!ARD ATTEST: / !^JN LERK This document prepared by: Rochester City Attorney's Office 201 Fourth Street S.E., Room 247 Rochester, MN 55904 Zone?OCClorder.annex.cascade1 Acc • 7 EXHIBIT A LEGAL DESCRIPTION FOR COMPLETELY SURROUNDED PROPERTIES IN CASCADE TOWNSHIP 35TH St. / 16th Ave. area Property The SE ''/4,yam`/a, Section 24, Township 107 North, Range 14 West, Olmsted County, except as follows: Commencing at the SW corner of the SE 1/4,NE '/4 thence East 208.71 to the point of beginning; thence North at right angle 417.42 feet, thence East 208.71 feet; thence South 417.42 feet; thence West 208.71 feet to the point of beginning; And also Commencing at the SW '/4 of said SE '/4, NE '/� of said Section thence Norti, 203.E 1 feet for the place of beginning; thence ti'orth 358.71 feet; thence East parallel with South lire . 42S.8 feet; thence South 150 feet; thence West 208.E 1 feet; thence South 20S.71 feet; thence West 212.86 feet to the place of beginning. Hunter property N V V., and the .' E �3 �Iry i 1. all, in1..,.. _I i a'.� .J;.1 hJ � � •J 6. West, Olmsted County. Except the northerly 75 feet lying lAithin 55 h Street N.W. R.O.W. and that part of CIiMARRON SEVENTH and CR ARRON EIGHTH lying within said NW '/4,NW V. 37th St Baptist Church property That part of the South Half of the Northeast Quarter of Section 9,-Township 107, Range 14, Olmsted County, Minnesota, described as beginning at the southwest comer of said Northeast Quarter; thence North 88 degrees 19 minutes 26 seconds East, assumed bearing, along the south line of said Northeast Quarter, 653.40 feet; thence North 01 degrees 02 minutes 17 seconds West, parallel with the west line of said Northeast Quarter 488.66 feet; thence South 88 degrees 19 minutes 26 seconds west, parallel with the south line of said Northeast Quarter, 653.40 feet to the west line of said Northeast Quarter; thence South 01 degrees 02 minutes 17 seconds East along said west line to the point of beginning., except the West 33 feet thereof. �. and Jensen Properties Commencing at the southeast comer of the Northwest Qua ter; thence along the east line thereof a distance of 629 feet; thence West parallel with the South line thereof 71.76 feet to the point of beginning•, thence North 01.degrees 39 minutes 10 seconds East 190.66 feet along the right of way line of Bandel Road (Old TH No. 52) and there terminating, except that part of the Southeast Quarter of the Northwest Quarter of Section 9, Township 107 North,Range 14 West lying East thereof, And also Lot 1, Jensen's First Subdivision, except that part of the Southeast Quarter of the Northwest Quarter of Section 9, Township 107 North, Range 14 West lying East thereof T H 52 R.O.W. and adjacent property That part of the SE 1/+, SW '/4, Section 4, Township 107 North, Range 14 West, Olmsted Minnesota Department of Transportation Right-of-Way County, shown as Parcel 431 on Plat Number 55-38. That part of the South '/, Section 1, Township 107 North, Range 14 `Nest, e:<cept the following: Beginning at the southeast corner of the West Half of the Southeast Quarter of - said Section 4; thence South 89 degrees 26 minutes 48 seconds West, assumed bearing, along the south line of said 'West Half, 1109.97, feet to the southeast corner of the Southwest Quay er of said Section 4; thence South S9 de-gr--es 04 minutes 16 seconds West, along the south lire o: said Southwest Quarter; 22�.0u feet: thence North 00 degrees 55 minutes 44 seconds West, 150.00 feet; thence North 23 degrees 51 minutes 33 seconds West, 1245.13 feet; thence North ll degrees 29 minutes 58 seconds West, 1350.00 feet to the north line of said Southwest Quarter; thence North 89 degrees 11 minutes 09 seconds East, along said north line, 1000.00 feet to the northeast comer of said Southwest Quarter; thence North 89 degrees 11 minutes 08 seconds East, along the north line of the West Half of the Southeast Quarter of said Section 4, a distance of-1305.60 feet to the northeast corner of said West Half; thence South 00 degrees 06 minutes 11 seconds East, along the east line of said West Half, 2628.07 feet to the point of beginning. Containing 118.55 acres,more or less. Also: That part of the Southwest Quarter of Section 4, Township 107 North, Range 14 West, described as follows: .-. wes: corner Qs ti!' Jou:haves: .aster Gi s3:C-S_Ct:o% ' i ;%; a: i.1 S,u:n ;enc �•cnh UtJ degrees 09 minutes 2S SeCOI'idS tiY'eSi. SS' iTieC bea:::n� : `on- t:ie es'. lli:e Oi said Southwest Quarter, 2627.33 feet to the northwest co;ner or said Southwest Quarter; thence North 89 degrees 11 minutes 09 seconds East, along the north line of said Southwest Quarter, 1071.06 feet; thence South 13 degrees 45 minutes 16 seconds East, 625.18 feet; thence North 76 degrees 14 minutes 44 seconds East, 201.00 feet; thence South 01 degree 44 minutes 58 seconds East, 195.67 feet; thence South 10 degrees 19 minutes 31 seconds East, 143.93 feet; thence South 05 degrees 09 minutes 21 seconds West, 1698.91 feet; thence South 00 decrees 55 minutes 44 seconds East, 33.00 feet to the south line of said Southwest Quarter; thence South 89 degrees 04 minutes 16 seconds West, 1287.41 feet to the point of beginning. Containing 79.66 acres, more or less. And also; Stuve's Second Subdivision, Stuve's Third Addition and Westgard's Subdivision. And also; That oart of the Trunk Highway No. 52 Right-of-Way identified on Minnesota Department Right-of=Way Plat No. 55-62 and Minnesota Department Right-of! • Way Plat No. 55-65. ,NlaidUWiens/Granrud Properties C ' (�' li 1r�•�� %4, lectlo'i V, lo�Ynshlp 1 "`o tn. 1" -g' vtiCS. That pa:-L o> tre - Cou.'ity, described as follows: Commencing at the SW corner of the i`iW '/4, thence forth along the West line of the NW '/4, 500 feet for the point of beginning, thence continue North 990 feet, thence East 660 feet, thence South 990 feet, thence West 660 feet to the point of beginning. Pittenger, Clowes and Smodt properties That part of the Southwest Quarter (SW V4) of the Southeast Quarter (SE '/4) of Section 7, Township 107, Range 14, Olmsted County,Minnesota, described as follows: Commencing at the Southwester comer of the Southeast Quarter (SE '/) of said Section 7, thence East assumed bearing along the South line of said Southeast Quarter (SE 1/4), 370.00 feet for a point of beginning; thence continue East along said South line, 365.00 feet; thence North 298.00 feet; thence East 30.00 feet; thence North 110.00 feet, thence Eas' ����.�. ..- ..... • �C`i.. or ue 'till�lin=; ceing subject :o an easement f^ter t ?e 1 O'.L' S liU ;OaQ _- So ne�ly boundai,,- thereof, exccpr `e Sour 5C feel t e:eo:. And also; Clowes Commencing at the Southeast corner of said East half of the Southwest Quarter of Section 7, thence West, assumed bearing along the South line of said East half, 66.00 feet for the point of beginning; thence continue West, along said South line, 915.78 feet; thence North 00 degrees 16 minutes 39 seconds West, parallel with the West line of said East half, 396.00 feet; thence West, parallel with said South line of said East half, 330.00 feet to the West line of said East half; thence North 00 degrees 16 minutes 39 seconds West, along said West line 1112.14 feet; thence East 1238.21 feet; thence South 00 degrees 34 minutes 00 seconds East, 1508.19 feet to the point of beginning; less that part of said East half of the Southwest Quarter described as follows: comriencing at the southeast corner of the East half of the Southwest Quarter of said Section 7; thence West, assumed bearing, along said south line of said East half, 66.00 feet for the point of beginning, thence continue West, along said south line, 465.78 feet; thence North 00 degrees 16 minutes 39 seconds West, parallel with the west line of said East half 415.00 • feet; thence West, parallel with the south line of said East half, 450.00 feet; thence South 00 dearees 16 minutes 39 seconds East, 19.00 feet; thence West, parallel with the south line of said East half, 330.00 feet to the west line of said East half; thence North 00 degrees 16 minutes 39 seconds `Vest, along said w--st line, 11'2.i,1 feet; hence East. 123S.21 feet; thence South 00 de�'ees 34 minuues 00 seconds Eas: 150SS.19 fee: tc tl:e point of bed nning, except the South 60 feet thereof. And also; Smodt That part of the SE '/4 SW %4, Section 7, Township 107, Range 14, Olmsted County, Minnesota, described as follows: Beginning at the Southwest comer of said SE SW rn thence East (for purposes of this description bearings are assumed), along the South line of said SW '/4, 3330.00 feet to a point 981.78 feet Westerly from the Southeast corner of said SW ''/4, thence North 00 degrees 16 minutes 39 seconds West,parallel with the West line of said SE '/4 SW '/4, 396.00 feet; thence West,parallel with the South line of said SW '/4, 330.00 feet;thence South 00 degrees 16 minutes 39 seconds East, along said West line of SE '/4 SW ''/4, 396.00 feet to the point of beginning, except the South 60 feet thereof. • Krebsbach Dropern- a par: o: .::e Mort% L-,a -1 of the Northeast Quarter o_ JeCt;o% .J, i o`-vns�,:C !��� :Can2� i= West, OI;.�sted County, :Minnesota which Lies within: a distance of 60.00 feet to thZ right of the following described line: Beginning at the northwest corner of the Northeast Quarter of Section 18; thence North 89 degrees 29,minutes 38 seconds East, assumed bearing along the north line thereof, 653.47 feet to the northwest corner of Wedgewood Hills Third Subdivision and there terminating, except the North 60 feet thereof. Burt Property That part of the NE '/4, Section 18, Township 107 North, Range 14 West, Olmsted County, described as follows: Beginning at a point 294.71 feet northerly from the SE corner NE 1/4,thence northwesterly 417.42 feet, thence north 208.71 feet, thence SE 417.42 feet to a point in the East line NE '/4, thence south 208.71 feet to the point of beginning. Long property The north 250 feet of the East 522 feet of the NE IA Section 30, Township 107 North, Range 14 West, Olmsted County. Kuehn property The W '=, N-W `i4, Section 28, Township 1077 North.;Ra.-tge i=-' VA�est, 0lmatec County, I�ss _P-- So,,th 33 feet thereof. Together with that part of the E '/, NE '/4 lying easterly of West Circle Drive (C.S.A.H. 22) R.O.W. as shown on Olmsted County Highway Right-of-Way Plat Number 80 and lying northerly of 19'h Street N.W. R.O.W., Section 29, Township 107 North, Range 14 West, Olmsted County. Whiting Property _ That part of the SW '/4, Section 28, Township 107 North,Range 14 West, Olmsted County, Minnesota, lying northerly of the Dakota, Minnesota&Eastern Railroad, easterly of West Circle Drive (C.S.A.H.No. 22)R.O.W. and southerly of 191' Street N.W. R.O.W. less the following: 19t' STREET BUSINESS PARK Subdivision and the westerly 155.00 feet of the southerly 372.30 feet of the northerly 422.30 feet of the NE '/4, SW 1/4, and also the adjacent right-of-way, Section 28, Township 107 North,Range 14 West, Olmsted County, Minnesota. • Till propern _ ...a' ;.a:. Ji ...: � = ivin� ��ester' Or l Ii _'` .' a: BD;. r:rwl� Je^iion o wn ship 107 Nortn. Ran;' 14 ,*es: 01nisteQ Cou:. N'i inn esota, exceept th-- followinQ described Parcel: Commencing at the SW corner of said NE %4; thence North assumed bearing, along the west line of said NE ''/4 and along the east line of HENDRICK'S SUBDIVISION, 539.64 feet, to the SE corner of Lot 3, Block 2, in said HENDRICK's SUBDIVISION for the point of beginning; thence continue North,along said west line of said NE '/4 457.66 feet to the southerly line of 22°d Street N.W. as dedicated in TILL'S FIRST SUBDIVISION; thence North 70 degrees 45 minutes 43 seconds East, along said southerly line and along the southerly line of Lot 1, Block 1 in said TILL'S FIRST SUBDIVISION, 289.70 feet; thence South parallel with the west line of said NE ''/4, 497.87 feet; thence South 78 degrees 34 minutes 51 seconds West 279.05 feet to the point of beginning. Arneson Property A part of the NW %4, SW '/4, Section 21, Township 107 North, Range 14 West, Olmsted County, Minnesota, lying southerly and westerly of the following described line. Commencing at the NW comer of said NW '/4, SW ''/4; thence South 00 degrees 45 minutes 29 seconds East (Note: all bearings are in relationship with the west line of said • NW iv4. SW 14 which is assumed) along said west line a distance of 831.08 feet to the point of beginning of said described line; thence 'North 89 degrees 03 minutes 30 seconds East a distance of 287.69 feet; thence South 38 degrees 11 minutes 16 seconds East a distance of'232.44 feet: thence North 89 degrees 03 minutes 30 seconds East a distance of 276.59 feet; --'acrice South 64 degrees 35 minutes 03 seconds East a distance o}89.555 fee.: thence South 3S degrees 11 minutes 16 seconds East a distance o 326.9? feet to ti e south line of said NW '/4, SW '/s, and said line there terminating. Mavo Foundation & IBM Properties That part of Lots 1 and 2, KOCER'S SUBDIVISION, Olmsted County, Minnesota, according to the Plat thereof on file at the County Recorder's Office, lying westerly of Valleyhigh Drive N.W. R.O.W. (C.S.A.H. No. 4) together with the-adjoining abandoned Chicago and Northwestern Railway Company lying northerly of Instrument Drive N.W. and southerly of the extension of the northwesterly line of said Lot 2. And also; That part of the S %, SW '/4, Section 21,Township 107 North, Range 14 west, lying south of the north line of said South Half, easterly of Valleyhigh drive N.W. (C.S.A.H.No. 4). and westerly of KROGER CO. FIRST SUBDIVISION according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. • Avenue R.O.W. And also; The West 60 feet of the SW '/4, Section 17, Township 107 North, Range 14 West, except the North 710 feet thereof. DNR- Douglas Trail property That part of the W %, SW '/4 of Section 8, Township 107 North, Range 14 West, Olmsted County described as follows: The 100 feet lying southwesterly and adjacent to the south line of Outlot A, White Oaks Third Subdivision at a bearing of North 53 degrees, 43 minutes, 48 seconds West, a distance of 1454.64 feet; And also; The 100 feet lying southwesterly and adjacent to the south line of Outlot B, White Oaks Townhomes Common Interest Community Number 136, at a bearing of South 53 • degrees, 43 rsnutes, 48 seconds East, a distance of 155.01 feet; <ynd also: T i f c c trt„ rl, t r 1� ,)L! 1'. e o 0 or A ._n ;lt, 100 le:.. Lin_ ouch Nester a.nd adi.,cent C _, T.7 Il Ci . _ail" . 1 u Sixth Subdivision at a bearing of North 53 deg:,es, :,mutes, -'? seconds Wp-sr, a distance of i=9.53 feet_ • Exhibit A-1 I _L) '�I�I .1_'-,`— ] 1I'-IL T 1 -Ltwill , € - IJ I - I' �1 � I tip. rF�•-y1L}•_Il�'-.�{j 1t.Ty�ll_11�JI+ _ L J •.� - YID 1 � T-r_ _ ' I , i_I r 11,i1 vI r-- --- •-•,•:. 1 I LL.11r- jr ' : hj'-F_ IQ --1 r- •tip{� ,`� ' 1 i• r 1 �'f•i i i-� -y-�1 1 F. -4 1 1 -I -�-- -- = Till Farmstead , H :�= rT1. -, HIT f - 1 ti, � '•, t:�/,,ice,: � r • Exhibit B 6,5 ST NIPJ / +�cr�rsZay�er[erhno 't 55 ST NW 7 Z ! - iJ 41 ST N W Qw F �. y, ' LL,v,, 37STM ,:\•��� _ 'it��----_----; 'tea iI - �.s Z hPjy w } Prepared By: Rochester/ Olmsted Planning Dept. --,• _...._. ..__ off,.- .._¢ __o.___ _ Geographic Information / -- .., Systems Division.blay m ( 2004.