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HomeMy WebLinkAboutResolution No. 625-05 • I -77 illll I ll IIII ll I IIII ll Ills i III OFFICE OF COUNTY RECORDER Olmsted County,Minnesota I hereby certify that this document was filed in this office on 2/09/2007 at 2:30:00 PM and was duly recorded as document number A-1126194 W MARK KRUPSKI-Co Recorder,by_Deputy —p Well Certificate:_Received _Not Required Abstr.— yes_ no_ Fees: Total $46.00 Received from/return to: CITY CLERK io-764G COVER SHEET • DOCUMENT: RESOLUTION NO. 625-05 NAME: Judy Scherr, City Clerk RETURN TO: Judy Scherr, City Clerk COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONLY. TO BE RECORDED TO REFLECT THE 2ND AMENDED ORDER FROM THE MUNICIPAL BOUNDARY ADJUSTMENTS APPROVAL OF ANNEXATION. 1 • I'k'o • OA-1048-3 Rochester Resolution No. 625-05 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ---------------------------7------------------------ IN THE MATTER OF THE ORDERLY ANNEXATION ) AMENDMENT AGREEMENT BETWEEN THE CITY OF ROCHESTER ) TO T H E AND THE TOWN OF CASCADE PURSUANT TO ) A M E N D E D MINNESOTA STATUTES 414 ) ORDER -------------------------------------------------=— 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 pursuant to said subdivisions; and WHEREAS,Reorganization Order No. 192, effective March 8, 2005, has transferred the duties of the Director to the Chief Administrative Law Judge; and WHEREAS, on January 11, 2006, the Chief Administrative Law Judge 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 • • -3- S&S and Jensen Properties Commencing at the southeast corner of the Northwest Quarter, thence'North 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 adiacent property That part of the SE %4, SW %4, Section 4, Township 107 North,-Range 14 West, Olmsted County, shown as Parcel 43.1 on Minnesota Department of Transportation Right-of--Way Plat Number 55-38. • That part of the South. %2, Section 4, Township 107 North Range 14 West, except the following: Beginning at the southeast comer 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, 1309.97 feet.to.the.southeast comer of the Southwest Quarter of said Section 4;.thence South 89 degrees 04 _minutes 16 seconds West, along the south_line of said Southwest Quarter, 225.00 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 11 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 1305A feet.fo r the northeast corner.of said West Half; thence South 00 degrees-.06 minutes'l 1 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 art of the Southwest aster of Section 4 Township 10TNo •Rangy a 14 P Qu �. p rth, g West,described as'follows: r• r - • -5- West 400.00 feet; thence South 00 degrees 42 minutes 08 seconds East,'408.03 feet to the point of beginning; being subject to an easement for the Township road right of way over the Southerly boundary thereof, except the South 60 feet thereof. And also; Clowes Commencing at theSoutheast 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: commencing at the southeast comer 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 degrees 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 West, along said west line,- 1112.14 feet; thence East, 1238.21 feet; flicnee South 00 degrees 34 minutes 00 seconds East, 1508.19 feet to the point of beginning, except the South 60�feet thereof. And also; Smodt That part of the SE K SW %4, Section 7, Township 107, Range 14,. Ohnsted'County, Minnesota,:desct be.d as follows: Beginning.at the Southwest corner of said SE Y4.SW %4, 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 comer of said SW %, 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 V4, 330.00 feet;.thence South 00 degrees 16 minutes 39 seconds East, along said West line of SE V SW. %,..396.0.0 -feet to the point- of beginning, except the South .60 feet • thereof. • -7- Arneson Property A part of the NW %4, SW V4, 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 V/4,':SW%4; thence South-00 degrees 45 minutes 29 seconds East(Note: all bearings are iri-relationship with the west line of said NW %4, SW t/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 46 seconds East a distance of 232.44 feet; thence North 89"degrees 03 minutes 30 seconds East a distance of " 276.59 feet; thence South 6.4 degrees 35 minutes 03 seconds East a distance of 89.55 feet; thence South 38 degrees 11 minutes 16 seconds East a distance of 326.92 feet to the south line of said NW %4, SW V4, and said line there terminating. "Mayo 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 %z, SW 1/4, Section 21;Township ld7 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 Me at the County Recorder's'Office, Olmsted County,Minnesota. 50th Avenue RO.W. The West 60 feet of the NW'/4, Section 20,Township 107 North Range 14 West; And also; "The West 60 feet of the SW %, Section 17;Township 107 North,Range 14 West, except. the North 710 feet thereof. 'DNR-Douglas Trail property ThatWZ, SW %4 of Section 8, ToWnshlP 107 North,Range 14 Wes Olmsted . % County described as follows: EXHIBIT A . LEGAL DESCRIPTION FOR COMPLETELY SURROUNDED PROPERTIES IN CASCADE TOWNSHIP.. 35TH St./16"Ave. area-Property, The SE-'/4,NE'/4, Section 24, Township 107 North,Range-14 West, Olmsted County, .except as follows: Commencing at the SW-comer of the SE 1/4,NE '/4 thence East 208.7.1 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 be iginning,- And also Commencing at the SW 1/4 of said SE V4,NE %a of said.Section thence North 208.71 feet for the place of berg; thence North 358.71 feet; thence East parallel with South line • 428,8 feet; thence South 150 feet; thence West 208.71 feet;-.thence South 208.71 feet-, thence West 212.86 feet to the place of beginning_ Hunter property' The NW 1/4,NW 1/4 and the NE 1/4,NW 1/4, all in*Section 15, Township 107 North,Range 14 West, Olmsted County. Except the northerly 75 feet lying within 55"'Street N.W. R.O.W. and that part of CRvL RRON SEVENT14 and CIIy1ARRbN SIGH I'H leg within said-NW. 1/4,NW 1/4. 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 corner 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,'paralle1'w'ith the west line of said-Northeast Ouarter 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 Ouarter• thence South 01 degrees 02 minutes 17 seconds East along said west line to the point of beginning., ept the West 33 -feet thereof. 450.48ft, thence 534.434W 143.84, thence S5.0921 W 666.82f, thence 50.5344E 33.18ft to a point on 'the- south .line" of the southwest V4 Section 4 thence N89.0314E 1111.29ft to the point of beginning .Containing 79.66 acres, more or less. Maidi/Wiens/Granrud Properties. That part of the W %,NW 1/4, Section 8, Township 107 North,Range 14 West Olmsted County, described as follows: Commencing at the SW comer of the NW V4,thence North 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'/4) of the Southeast Quarter(SE '/4) of Section 7 Township 107, Range 14, Olmsted County;�Mlnnesota, described as follows: Commencing at the Southwester'corner of the Southeast Quarter (SE V4) of said Section 7, thence East assumed bearing along the South line of said Southeast Ouarter (SE 1/4) 370.00 feet for a point of beginning;g 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 West 400.00 feet, thence South 00 degrees 42 minutes 08 seconds East 408.03-feet to the point of beginning, being subject to an easement for the Township road right of way over the Southerly boundary thereof, except the South 60-feet thereof.. 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 niinutes'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-feetA6 the point of beginning,• less that part of said East half of the Southwest Quarter described as follows: commencing at the southeast corner of the East half of the Southwest Ouarter 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 Number 80 and lying northerly of 19a' Street N.W:R.O.W.; Section 29,Township 1.07 North,Range 14 West, Olmsted County. .Whiting ProoertV That part of the SW 1/4, 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 19I'Street N.W. R.O.W. less the following: 19`b 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 1/4, SW 1/4, and also the adjacent ri t-of-way, Section 28, Township 107 North,Range 14 West; Olmsted County,Minnesota. . Arneson Property A part of the NW 1/4, SW 1/4, Section 21, `Township 107 North, Range 14 West, Olmsted County,Minnesota, lying southerly and-westerly of the following described line. Commencing at the NW corner*of.said NW 1/4, SW 1/4, thence South 00 degrees 45 minutes 29 seconds East(Note:.all beajiri s'-�relin-retationship with the w.est'line of said NW 1/4, SW 1/4 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; thence South 64 degrees 35 minutes 03 seconds East a distance of 89.55 feet; thenceSouth 38'de�reesII mini tes'16 seconds'-'East'a'distance of 326.92 feet to the south line of said NW 1/4, SW V4',and said.line there terminating. Mayo 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 westerlyoof Valleyh 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 %2, SW 1/4, 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. AMENDED KREBSBACH PROPERTY DESCRIPTION That part of the Northeast Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County Minnesota, described as follows: Commencing at the northwest corner of said Northeast Quarter, thence East, assumed bearing , along the north line of said Northeast Quarter, 306.85 feet to the northeasterly comer of WEDGEWOOD HILLS SEVENTH for the point of beginning (the next two courses are along the easterly and northerly lines of said WEDGEWOOD HILLS SEVENTH); thence South, 250.00 feet; thence East, 346.62 feet to the west line of WEDGEWOOD HILLS THIRD; thence north along the west line thereof,250.00 feet to the northwest comer of said WEDGEWOOD HILLS THIRD; thence West along the north line of said Northeast Quarter 346.62 feet to the point of beginning, except the north 33.00 feet thereof. • OA-1048-3 Rochester MEMORANDUM In ordering the annexation contained in Docket No. OA-1048-3 Rochester,the Chief Administrative Law Judge finds and makes the following comment: Planning in the area designated for orderly annexation must be provided for by one of three provisions set forth in Minnesota Statutes Section 414.0325, Subd. 5. The joint resolution does not make reference to which of the three statutory provisions the parties have agreed on to govern planning in the designated area. Paragraph 7 provides for municipal reimbursement - a different application for different status of land. If Paragraph 7(A) applies to this file then Minnesota Statutes Section 414.036 • allows for a reimbursement to the township of property taxes of substantially equal payments over a period of not less than two nor more than six years. Paragraph 13 states the 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. End dates or ending mechanisms are problematic in that they appear to run afoul of the act of conferring jurisdiction to the Chief Administrative Law Judge. Once jurisdiction is conferred, it cannot be taken away by written consent of the parties. Jurisdiction ends when all the designated area is annexed. The issue whether jurisdiction could be "given back"by the Chief Administrative Law Judge upon written request of the parties to the agreement to mutually end their agreement has not been addressed. The parties are encouraged to consider this comment in light of any further amendments that may be otherwise necessary to this agreement for orderly annexation. " IIIII I II IIII I�IIIII III I I IIIII • OFFICE OF COUNTY RECORDER Olmsted County,Minnesota I hereby certify that this document was filed in this office on 1/03/2007 at 10:00:00 AM and was duly recorded as document number A-1123123 W MARK KRUPSKI-Co Recorder,by_Deputy —p Well Certificate:—Received _Not Required Abstr.— yes_ no_ Fees: Total $46.00 Received from/return to: CITY CLERK COVER SHEET DOCUMENT: RESOLUTION NO. 625-05 • NAME: Judy Scherr, City Clerk RETURN TO: Judy Scherr, City Clerk COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONLY. TO BE RECORDED TO REFLECT THE AMENDED ORDER FROM THE MUNICIPAL BOUNDARY ADJUSTMENTS FOR APPROVAL OF ANNEXATION. �L t� • OA-1048-3 Rochester Resolution No. 625-05 STATE OF M STNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ---------------------------------------------------- IN THE MATTER OF THE ORDERLY ANNEXATION ) A M E Pl D E D AGREEMENT BETWEEN THE CITY OF ROCHESTER ) O R D E R AND TBE 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 pursuant to said subdivisions; and WHEREAS,Reorganization Order No. 192, effective March 8, 2005, has transferred the duties of the Director to the Chief Administrative Law Judge; and WHEREAS, on January 11, 2006, the Chief Administrative Law Judge 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 • f S&S an:d Jensen Properties Commencing at the southeast comer of the Nortlrvvest: Quarter; thence North 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 terrninating, 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 RO.W. and adjacent property That part of the SE V4, SW %<, Section 4, Township 107 North, Range 14 West, Olmsted County, shown as Parcel 431 on Minnesota Department of Transportation Right-of--Way Plat Number 55-38. • That part of the South %2, Section 4, Township 107 North, Range 14 West, except the following: Begirming at the southeast comer 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, 1309.97 feet.to_the.southeast- comer of the Southwest Quarter of said Section 4; thence South 89 degrees 04 minutes 16 seconds West, along the south line of said Southwest Quarter, 225.00 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 11 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.northaine of the West Half of the-Southeast Quarter of said Section 4, a distance of 1305:66'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: L Also: That part of the Southwest Quarter of Section 4,.Township 107 North,Range 14 West,described as follows: � R West 400.00 feet; thence South 00 degrees 42 minutes 08 seconds East,-408.03 feet to the point of beginning; being subject to an easement for the Township road right of way over the Southerly boundary thereof, except the South 60 feet thereof. And also; Cl owes Commencing at the 'Southeast comer 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 witfi 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: commencing at the southeast comer 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 degrees 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 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, except the South 60 feet thereof. And also; Smodt That part of the SE %4 SW %, Section 7, Township •107, Range 14,. Olmsted'County, - Minnesota,•descnbed as follows: Beginning.at the Southwest corner ofsaid SE,%4. W 1/4, thence.East (for purposes:of this description bearings are assumed), along the South line of said SW V4, 3330.00 feet to a point 981.78 feet Westerly from the Southeast comer 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%, 330.00 feet;.thence South 00 degrees 16 minutes 39 seconds East, along said West line of SE K. S W. V4,.:39&00 feet�to the point- of beginning, except the South 60 feet • thereof. cJ Arneson Property A part of the.NW%4, SW Y4, Section 21,Township 107 North,Range 14 West, Olmsted County,Minnesota, lying southerly and westerly of the following described line. Commencing at the NW corner of said NW%4,:SW %4; thence South-00 degrees 45 minutes 29 seconds East(Note: all bearings are hi-relationship with the west line of said NW %4,SW '/4 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 46 seconds East a distance of 232.44 feet; thence North 89'degrees 03 minutes 30 seconds East a distance of 276.59 feet;thence South 6.4 degrees 35 minutes 03 seconds East a distance of 89.55 feet; thence South 38 degrees 11 minutes 16 seconds East a distance of 326.92 feet to the south line of said NW%4, SW %a, and said line there terminating. Mayo Foundation & IBM Properties That part of Lots 1 and 2,KOCER'S SUBDIVISION, Ohnsted 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 %2,-SW %4, Section 21;Township 1d7 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 KRO.GER CO.FIRST SUBDIVISION according to the plat thereof on Me at the County Recorder's*Office, Olmsted County,Minnesota. 50th Avenue RO.W. The West 60 feet of the NW Y4, Section 20, Township 107 North Range 14 West; And also; :The West 60 feet of the SW V4, Section 17,Township 107 North,Range 14 West, except. the North 710 feet thereof. 'DNR-Douglas Trail property • Thai.part of the W%2, SW% of Section S,Township-107 North,Range 14 West, Olmsted County described as follows: EXHIBIT A LEGAL DESCRIPTION FOR COMPLETELY SURROUNDED PROPERTIES•W CASCADE. TOWNSHIP 35'St./16"Ave. area Property The SE-'/4,NE'/4, Section 24, Township 107 North,Range-14 West Olmsted County, except as follows: Commencing at the SW-comer of the SE V4,'NE '/4 thence East 208.7.1 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 V4 of said SE V4,NE V4 of said-Section thence North 208.71 feet for the place of beginning; thence North 358.71 feet; thence East parallel with South line 428.8 feet; thence South 150 feet; thence West 20831 feet;-.thence South 208.71 feet thence West 212.86 feet to the place of be��-�uig_� Hunter property The NW'/4,NW V4 and the NE V4,NW V4, all in-Sectiori 15, Township 107 North Range 14 West, Olmsted County. Except the northerly 75-feet lying within 55t'Street N.W. R.O.W. and that part of CIMARRON SEVENTH and CWARAON'EIGHTH lying within said NW '/4 NW '/4 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 be inning at the southwest corner,of said Northeast Ouarter; thence North. 88•degrees 19 minutes 26 seconds-East assumed bearing, along the south line of said Northeast Ouarter, 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 450.48ft, thence 534.434W 143.84, thence 55.0921 W 666.82ft, thence 50.5344E ' 33.18ft to a point on 'the- south .line` of the southwest -1/4 Section 4, thence N89.0314E 1111.29ft to the point of beginning Containing 79.66 acres, more or less. Maidl/Wiens/Granrud Properties. That part of the W %2,NW V4, Section 8, Township 107 North,Range 14 West, Olmsted County, described as follows: Commencing at the SW corner of the NW 1/4,thence North along the West Iine of the NW 1/4, 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 1/4) of the Southeast Quarter(SE VQ of Section 7, Township 107,Range 14, Ohnsted County, Minnesota, described as follows: Commencing at the Soutliwester'corner of the Southeast Quarter (SE 1/4).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 West 400.00 feet; thence South 00 degrees 42 minutes 08 seconds East, 408.03 feet to the point of beginning being subject to an easement for the Township road right of wayver the Southerly boundary thereof, except the South 60'feet thereof. 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 Ouarter'described as follows: commencingat 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 Number 80 and lying northerly of 19th 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.&Eastem Railroad, easterly of Westfircle Drive(C.S.A.H.No. 22)R.O.W. and southerly of 19th Street N.W. R.O.W. less the following: 19th 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 '/4, and also the adjacent ri t-of-wa� Section 28, Township 107 North,Range 14 West Olmsted County,Minnesota. . 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 inretationship with the west'line of said NW '/4, SW '/4 which is assumed) along said west line a distance of 831.08 feet to the point of beginningof 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; thence South 64 degrees 35 minutes 03 seconds East a distance of 80.55 feet; thence South 38 degrees•I1 minutes*l6-sec6' &'Easta"distance of 326.92 feet to the south line of said NW '/4, SW'/a,and said line there temunatin�. Mayo 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 westerlyo Valle 1 h Drive N.W. R.O.W. (C.S.A.H.No. 4)together with the adjoining abandoned Chicago and Northwestetn Railway Company 1 ing 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 V2, SW '/4, Section 21,Township 107 North, Range 14 west, loin sg outh of the north line of said South Half, easterly of Vallevhigh 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,•Oli-fisted County: Minnesota. • OA-1048-3 Rochester MEMORANDUM In ordering the annexation contained in Docket No. OA-1048-3 Rochester, the Chief Administrative Law Judge finds and makes the following comment: Planning in the area designated for orderly annexation must be provided for by one of three provisions set forth in Minnesota Statutes Section 414.0325, Subd. 5. The joint resolution does not make reference to which of the three statutory provisions the parties have agreed on to govern planning in the designated area. Paragraph 7 provides for municipal reimbursement- a different application for different status of land. If Paragraph 7(A) applies to this file then Minnesota Statutes Section 414.036 . allows for a reimbursement to the township of property taxes of substantially equal payments over a period of not less than two nor more than six years. Paragraph 13 states the 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. End dates or ending mechanisms are problematic in that they appear to run afoul of the act of conferring jurisdiction to the Chief Administrative Law Judge. Once jurisdiction is conferred,it cannot be taken away by written consent of the parties. Jurisdiction ends when all the designated area is annexed. The issue whether jurisdiction could be "given back"by the Chief Administrative Law Judge upon written request of the parties to the agreement to mutually end their agreement has not been addressed. The parties are encouraged to consider this comment in light of any further amendments • that may be otherwise necessary to this agreement for orderly annexation. IIIII I II IIII IIII I III it II II III • OFFICE OF COUNTY RECORDER Olmsted County,Minnesota I hereby certify that this document was filed in this office on 11/02/2006 at 8:00:00 AM and was duly recorded as document number A-1117546 W MARK KRUPSKI-Co Recorder,by_Deputy —p Well Certificate:_Received _Not Required Abstr.— yes_ no Fees: Total $46.00 Received from/return to: CITY CLERK COVER SHEET DOCUMENT: RESOLUTION 625-05 • NAME: Judy Scherr, City Clerk RETURN TO: Judy Scherr, City Clerk COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONLY. 6,d e �3 • RESOLUTION WHEREAS, on May 17, 2004, the Common Council of the City of Rochester and the Town of Cascade executed a Joint Resolution for Orderly Annexation for land in the northwest portion of the City of Rochester (a copy of which is attached and incorporated herein); and WHEREAS, paragraph 2(B) of the Joint Resolution allows land designated in Exhibit A of the Joint Resolution (except for lands described in Exhibit A-1) to be annexed to the City on or after January 1, 2006; and, WHEREAS, the legal description for the petitioned property is noted in Exhibit A of the May 17, 2004, Joint Resolution for Orderly Annexation (a copy of which is attached and incorporated herein); and, WHEREAS, the Council wishes to invoke the procedure described in paragraph 2(B) of the Joint Resolution and annex the property described in Exhibit A of the May 17, 2004, 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, WHEREAS, the City's estimate of the population is 80 and number of households contained in the area is 22; 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 in Exhibit A to the May 17, 2004, Joint Resolution, as attached hereto, 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 as of January 1, 2006, and 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. 1 • PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 19774 DAY OF ZW66 AEA_ , 2005. RESIDENT OF SAID COMMON COUNCIL ATTEST: i r/�k CITY CLERK APPROVED THIS ZOm DAY OF DBE 529- , 2005. ��;�tk,STr,h• � - MAYOR OF SAID CITY (deal"Of the Cifj f0f `� ZoneQSDAMRes(co d�1Oj i— .. •. _P �r • 2 • BEFORE T HE MINNESOTA BOUNDARY ADJUSTMENTS OFFICE OF THE DEPARTMENT OF ADMINISTRATION IN THE MATTER OF THE DESCRIPTION OF ) AN UNINCORPORATED AREA IN CASCADE } JOINT RESOLUTION FOR TOWNSHIP AS IN NEED OF ORDERLY ) ORDERLY ANNEXATION ANNEXATION AND CONFERRING JURISDICTION } 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 ANTIEXATION AGREEMENT THIS ORDERLY ANNEXATION AGREEMENT is entered into this /7t� of �YJa� 2004, by and between the CITY OF ROCHESTER, MINNESOTA (the "City") and CASCADE TOWNSHIP (the "Township"). WHEREAS, Minn. Stat. § 414.0325 authorizes townships and municipalities to provide for the orderly annexation of unincorporated areas that are in need of orderly annexation; and, elerred WHEREAS, the property described in the attached Exhibit or about hereinafter to becomerso, and to as "Annexation Area") is presently urban or suburban in nature on WHEREAS, the City and the Township desire to accompmaish the orderly nner without the need)for the Annexation Area in a mutually acceptable and beneficial anner hearing before the Municipal Boundary Adjustments Office of the is intended intended tinnesota Do pc ude this Administration (MBA) or its successor (this reference to the or any other agency succeeding the Minnesota MunicipBoard)for and; withann the purpose o avoiding an annexation dispute, enter into this joint resolutionY nt 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 ereinafter referred to as "Agreement") and agree to the following.terms: 1. The City and Township hereby designate the property 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 providednExhibit hibitArea is provided in ch is attached hereto and incorporated by reference. A map of the Annexation • Exhibit "B", whit; !s attached hereto for the convenience of the parties and incorporated herein by referent:.. 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 of 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; (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 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 The Township will not Tile any objection with MBA concerning the City's annexation cf 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 tiled 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 AuditorfTreasurer. 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 h9BA 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, Section 414.035. Property taxes payable on annexed. land shall continue to be paid to the Township for the entire year in which the annexation becomes effective. If the MBA's order approving the annexation becomes effective on or before August 1 of a levy year, the City may levy on the annexed area beginning with that same levy year. If the MBA's order becomes effective after August 1 of a levy year, the Township may continue to levy on the annexed area for that levyyeat-- 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 developed. "Land that is undeveloped" is defined as any parcel without The used for active crop or livestock farming annual payments shall structure or a parcel l commence in the year following the anne atro.n. (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 y annexation. The second year payment will be 70% of the township taxes on the annexed land in the year of annexation. The third year payment will be 50% of the township taxes on the annexed land in the year of annexation. The fourth year payment will be 30% of the township taxes on the annexed land in the year of annexation. The fifth year and final payment will be 10% of the township taxes on the annexed land in the year of annexation. Developed lands are defined as lands upon which a building structure exists on the County tax records prior to the date of execution of this agreement. 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 shall 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 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. 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 (B) Mediation. When the paries 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. 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 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. 17. 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 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. 5 20. 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. 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 docurnentation, 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 7(9-) DAY OF a-Y.., 2004. SI D NT OFR CHESTER COMMON COUNCIL ATTEST: lu) ULpu-l•y CITY CLER APPROVED THIS /90) DAY OF �Y� — , 2004. MAYOR OF CITY OF ROCHESTER (Seal of the City of Rochester, Minnesota ) 6 • PASSED AND ADOPTED BY CASCADE TOWNSHIP, OLMSTED COUNTY, MINNESOTA, THIS .3 DAY OF / .�•' 2004. -C-iAIRMAN OF TOW1`4• OARD IL LI ATTEST: %AVN 6LERK c This document prepared by: Rochester City Attorney's Office 201 Fourth Street S.E., Room 247 Rochester, MN 55904 . Zone2000\order.annex.cascade t.doc • 7 Exhibit A-1 71 vu Il - Till Farmstead -_ 1 �1 :�= N) 1- -- '-•li- i 1 • HEED HE mot • EXHIBIT A LEGAL DESCRIPTION FOR COMPLETELY SURROUNDED PROPERTIES IN CASCADE TOWNSHIP 35Tu St. / 16th Ave. area Property The SE 1/4, NE%4, Section 24, Township 107 North,Range 14 West, Olmsted County, except as follows: Commencing at the SW comer of the SE '/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 %4 of said Section thence North 208.71 feet for the place of beginning; thence North 358.71 feet; thence East parallel with South line • 428.8 feet; thence South 150 feet; thence West 208.71 feet; thence South 208.71feet; thence West 212.86 feet to the place of beginning. Hunter property The NW V4,NW V4 and the NE '/4,NW %4, all in Section 15, Township 107 North, Range 14 West, Olmsted County. Except the northerly 75 feet lying within 55th Street N.W. R.O.W. and that part of CIMARRON SEVENTH and CIMARRON EIGHTH lying within said NW '/4,NW 1/4. 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 corner 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. • • S&S and Jensen Properties Commencing at the Southeast corner of the Northwest Quarter; thence North along the east line thereof a distance of 819.55 feet; thence West parallel with the South line thereof 71.76 feet to the point of beginning; continue west 395.2 feet; thence North along right of way line of TH 52 as configured 183.67 feet; thence East parallel with the South line 413.83 feet; thence South 182.93 feet to point of beginning. 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 Commencing at the NE Corner of the NW 1/4 Section 9 Twp 107-14 thence SO.1658E 935.62ft thence NW on a nontangental curve concave west radius 1897.92 delta angle 7.1554 (chord bearing N74.4148W 236.62ft) thence 585.4848W 436.38 ft to the easterly ROW Hwy 52 N as established on MNDOT ROW plat 55-62 thence S6.1412E 444.91ft, thence S83.4912W 25.85ft, thence 56.1009E 205.Oft, thence 579.3752W 35.1ft thence S6.0359E 415.11ft, thence N89.0517E 395.18ft, thence SO.1643E 190.58ft, thence S9.3015W 375.6ft, thence 55.4850E 634.04ft to a point on the south line of the NW 1/4 of Section 9, said point being 387.26ft West of the SE Corner of the NW 1/4, thence 589.0450W 309.64ft, thence N6.0252W 1306.92ft, thence 589.0419W 23.39ft, thence N6.1112W 53.2ft, thence 583.2204W 525.65ft, thence N82.5408W 41.19ft, thence NO.5612W 581.86ft, thence 589.0310W 330.03ft, thence NO.5612W 726.28ft, thence N89.0515E 428.18ft, thence N89.0314E 111.29ft, thence N89.0348 225.Oft to the point of beginning. Less that part described as follows: Commencing at the SE Corner NW 1/4 Section 9 thence N29.2129W 1812.12ft to the point of beginning, thence S88.5005W 475.9ft, thence NO.5612W 200.Oft, thence N88.0348E 45.Oft, thence S87.0203E 441.59ft, thence 56.1112E 6.26ft, thence S83.4848W 25.Oft, thence 56.1112E 160.2ft to the point of beginning. Containing 118.55 acres, more or less. Also: And that part of Section 4 Twp 107N Range 14W described as follows: Commencing at the SE corner of the SWU4 of Section 4 thence S89.0348W 225.Oft to the point of beginning, thence N0.0010W 150.02ft thence S89.0416W 426.66ft, thence N6.4741W 947.55ft, thence N38.0809E 128.04, thence N23.5708W 113.77ft, thence N11.2958W 1349.71ft to a point on the north line of the southwest 1/4 Section 4 said point being 1000.12ft west of the center of said section 4 thence S89.1106W 576.79ft, thence S13.4519E 641.17ft, thence . N73.0235E 217.88ft, thence 51.4458E 195.67ft, thence S10.1931E 143.93ft, thence S5.0921W 143.48ft, thence S5.3154E 318.52ft, thence S3.3824W 450.48ft, thence S34.434W 143.84, thence S5.0921W 666.82ft, thence S0.5344E 33.18ft to a point on the south line of the southwest %4 Section 4, thence N89.0314E 1111.29ft to the point of beginning. Containing 79.66 acres, more or less. Maidl/Wiens/Granrud Properties That part of the W %2,NW 1/4, Section 8, Township 107 North, Range 14 West, Olmsted County, described as follows: Commencing at the SW corner of the NW 1/4, thence North along the West line of the NW 1/4, 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. PittenLyer, Clowes, and Smodt properties That part of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE %a) of Section 7, Township 107,Range 14, Olmsted County, Minnesota, described as follows: Commencing at the Southwester comer of the Southeast Quarter (SE '/4) 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 West 400.00 feet; thence South 00 degrees 42 minutes 08 seconds East, 408.03 feet to the point of beginning; being subject to an easement for the Township road right of way over the Southerly boundary thereof, except the South 60 feet thereof. 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: commencing 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 .r V • 00 degrees 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 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, except the South 60 feet thereof. And also; Smodt Commencing at the SE %4 of the SW 1/4 Section 7, Township 107, Range 14, Olmsted County, Minnesota, thence West along South line 983.28 feet; thence; thence North 33 feet from point of beginning; thence North parallel with the East line 335.99 feet; thence West parallel with the South line 329.49 feet; thence South parallel with the East line 335.93 feet; thence East parallel with the South line 328.89 feet to the point of beginning. Krebsbach property Commencing at the SE %4 of the SW 1/4 Section 7, Township 107, Range 14, Olmsted County, Minnesota, thence East along the South Line 328.4 feet then South parallel with the East line 249.94 feet; thence East parallel with the South line 325.18 feet; thence North parallel with the East line 249.49 feet along the South 324.7 feet to the point of beginning less the Northerly 60 feet thereof Burt Property That part of the NE 1/4, 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 parallel with the South line; 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 1/4, Section 30, Township 107 North, Range 14 West, Olmsted County. Kuehn property The W %Z,NW 1/4, Section 28, Township 107 North, Range 14 West, Olmsted County, less the South 33 feet thereof. Together with that part of the E %Z,NE 1/4 lying easterly of West Circle Drive N.W. (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. WhitinjZ Property That part of the SW 1/4, 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 19'h Street N.W. R.O.W. less the following: 19'h 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 1/4, SW 1/4, and also the adjacent right-of-way, Section 28, Township 107 North, Range 14 West, Olmsted County, Minnesota. Arneson Property A part of the NW 1/4, SW 1/4, Section 21, Township 107 North, Range 14 West, Olmsted County,Minnesota, lying southerly and westerly of the following described line. Commencing at the NW corner of said NW 1/4, SW 1/4; thence South 00 degrees 45 minutes 29 seconds East (Note: all bearings are in relationship with the west line of said NW 1/4, SW 1/4 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; thence South 64 degrees 35 minutes 03 seconds East a distance of 89.55 feet; thence South 38 degrees 11 minutes 16 seconds East a distance of 326.92 feet to the south line of said NW %4, SW %4, and said line there terminating. Mayo 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 %2, SW 1/4, 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. • 501h Avenue PMW. The West 60 feet of the NW '/4, Section 20, Township 107 North Range 14 West; And also; The West 60 feet of the SW 1/4, 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 minutes, 48 seconds East, a distance of 155.01 feet; And also: The 100 feet lying southwesterly and adjacent to the south line of Outlot A,North Park Sixth Subdivision at a bearing of North 53 degrees, 43 minutes, 48 seconds West, a distance of 129.53 feet.