HomeMy WebLinkAboutResolution No. 408-06 •
RESOLUTION
WHEREAS, on June 10, 2005, the Common Council of the City of Rochester and the
Town of Haverhill executed a Joint Resolution for Orderly Annexation (a copy of which is
attached and incorporated herein); and
WHEREAS, paragraph 3 (A)(v) of the Joint Resolution allows land contained in the
orderly annexation area to be annexed to the City whenever the City owns the land to be
annexed and when the City adopts a resolution in compliance with paragraph 6 of the Joint
Resolution; and,
WHEREAS, the legal description for the petitioned property is as follows:
That part of the Southwest Quarter of the Southwest Quarter, Section 7,
Township 107 North, Range 13 West of the 5th Principal Meridian, described as
follows:
Beginning at the southwest corner of said Southwest Quarter of the Southwest
• Quarter; thence South 88 degrees 42 minutes 56 seconds East, assumed
bearing along the south line of said Southwest Quarter of the Southwest Quarter
238.53 feet; thence North 31 degrees 25 minutes 34 seconds West 449.76 feet
to the west line of said Southwest Quarter of the Southwest Quarter; thence
South 00 degrees 36 minutes 04 seconds West along said west line 378.46 feet
to the point of beginning; containing 1.04 acres.
AND
That part of the Northwest Quarter of Section 18, Township 107 North, Range 13
West of the 5th Principal Meridian described as follows:
Beginning at the northwest corner of said Northwest Quarter; thence South 88
degrees 42 minutes 56 seconds East, assumed bearing along the north line of
said Northwest Quarter 238.53 feet; thence South 31 degrees 25 minutes 34
seconds East 870.24 feet; thence North 56 degrees 23 minutes 11 seconds East
380.00 feet; thence South 49 degrees 11 minutes 19 seconds East 723.91 feet
to the southwesterly corner of Lot 1, Block 4, HAWTHORN HILL SECOND
SUBDIVISION; thence South 72 degrees 47 minutes 34 seconds East 269.25
feet to the southeast corner of said Lot 1; thence North 17 degrees 12 minutes
26 seconds East along the easterly line of said Lot 1 a distance of 309.80 feet;
thence northeasterly 52.80 feet along said easterly line on a curve concave to
• the west having a radius of 292.00 feet and a central angle of 10 degrees 21
minutes 34 seconds to the northeast corner of said Lot 1; thence North 89
degrees 17 minutes 03 seconds West 275.64 feet to the northwest corner of said
Lot 1; thence North 37 degrees 49 minutes 07 seconds West 871.24 feet; thence
North 00 degrees 05 minutes 55 seconds East 26.35 feet to the north line of said
• Northwest Quarter; thence South 88 degrees 42 minutes 56 seconds East along
said north line 560.52 feet; thence South 45 degrees 08 minutes 02 seconds
East 637.20 feet; thence South 01 degrees 00 minutes 44 seconds West 563.16
feet; thence North 63 degrees 31 minutes 01 seconds East 129.15 feet; thence
easterly 110.71 feet along a curve concave to the south having a radius of
233.00 feet and central angle of 27 degrees 13 minutes 22 seconds; thence
South 89 degrees 15 minutes 36 seconds East 161.57 feet to the west line of
Hawthorn Hill Road NE; thence South 00 degrees 44 minutes 24 seconds West
along said west line 402.29 feet; thence South 89 degrees 15 minutes 36
seconds East along the south line of Hawthorn Hill Road NE 33.00 feet to the
east line of said Northwest Quarter; thence South 00 degrees 44 minutes 24
seconds West along said east line 1315.92 feet to the southeast corner of said
Northwest Quarter; thence North 89 degrees 05 minutes 24 seconds West along
the south line of said Northwest Quarter 2566.10 feet to the southwest corner of
said Northwest Quarter; thence North 01 degrees 20 minutes 45 seconds East
along the west line of said Northwest Quarter 2648.50 feet to the point of
beginning; containing 126.33 acres. Subject to easement and restrictions of
record.
LESS the following described property:
That part of the Northwest Quarter of Section 18, Township 107 North, Range 13
• West of the 5th Principal Meridian described as follows:
Beginning at the northeast corner of Lot 1, Block 4, HAWTHORN HILL SECOND
SUBDIVISION; thence North 89 degrees 17 minutes 03 seconds West 275.64
feet to the northwest corner of said Lot 1; thence North 37 degrees 49 minutes
07 seconds West 871.24 feet; thence North 00 degrees 05 minutes 55 seconds
East 26.35 feet to the north line of said Northwest Quarter; thence South 88
degrees 42 minutes 56 seconds East along said north line 560.52 feet; thence
South 45 degrees 08 minutes 02 seconds East 637.20 feet; thence South 01
degrees 00 minutes 44 seconds 'West to the north right of way line of vacated
Mahon Lane NE; thence westerly along said north right of way line of vacated
Mahon Lane NE to said northeast corner of Lot 1, Block 4, HAWTHORN HILL
SECOND SUBDIVISION and the point of beginning.
WHEREAS, the City Council wishes to invoke the procedure described in paragraph 3 (A)
(v) of the Joint Resolution and annex the petitioned property and the petitioned property satisfies
paragraph 3 (A) (v) of the Joint Resolution; and,
WHEREAS, the orderly annexation agreement allows for annexation by resolution and
provides that the Minnesota Municipal Board may review and comment but shall, within 30 days
or receipt of said resolution, order the annexation of the area described in the resolution; and,
• WHEREAS, the City's estimate of the population and number of households contained in
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• the area is zero; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.08118 per kilowatt-hour from January through May and October through December, and (b)
.09824 per kilowatt-hour from June through September. The City's estimate of electrical service
cost at the time prior to annexation is .0074 per kilowatt hour with a base facility charge of $13
per month.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the petitioned property described above is hereby annexed, added to and made
a part of the City of Rochester, Minnesota, as if it had originally been a part thereof.
BE IT FURTHER RESOLVED that this resolution shall take effect and be in force from
and after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
the Town of Haverhill and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS aDOF CSC , 2006.
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• 15R, ESIDENT OF SAID COMMON COUNCIL
ATTEST: A��OAW
ClYftLERK
APPROVED THIS DAY OF ��T , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\OAA\Res(Haver)
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BEFORE THE
MINNESOTA BOUNDARY ADJUSTMENTS OFFICE
OF THE DEPARTMENT OF ADMINISTRATION
IN THE MATTER OF THE DESCRIPTION OF )
AN UNINCORPORATED AREA IN HAVERHILL )
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 /&JI of
CAO,16 , 2005, by and between the CITY OF ROCHESTER, MINNESOTA (the "City")
• and HAVERHILL 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,
WHEREAS, the City and the Township agree that there is a public need for the
coordinated, efficient and cost effective extension of the City services to promote the public
health, well being, and safety; and,
WHEREAS, the property described in the attached Exhibit "A" (hereinafter referred to
as "Annexation Area") is presently urban or suburban in nature or about to become so, and
the City is capable of providing City services within a reasonable time; and,
. WHEREAS, the extension of City services can only be provided in prioritized phases
and if the process and timing of annexation is clearly identified and jointly agreed upon in
advance of the City's capital planning, commitment and expenditure; and,
WHEREAS, the establishment of a process of orderly annexation of said lands will be
of benefit to the residents and owners of said lands, and permit the City to extend necessary
municipal services in a planned and efficient manner, and,
• WHEREAS, the City and the Township desire to accomplish the orderly annexation of
the Annexation Area and the extension of municipal services in a mutually acceptable and
• beneficial manner without the need for a hearing before the Municipal Boundary Adjustments
Office of the Minnesota Department of Administration (MBA) or its successor (this reference
to the MBA is intended to include this or any other agency succeeding the Minnesota
Municipal Board) and, with the purpose of avoiding an annexation dispute, enter into this joint
resolution for orderly annexation pursuant to Minnesota Statutes 414.0325, Subd. 1.
NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Township
that the parties enter into this Joint Resolution Orderly Annexation Agreement (hereinafter
referred to as "Agreement") and agree to the following terms:
1. The City and Township hereby designate that property situated in the
Annexation Area as in need of orderly annexation pursuant to Minnesota Statutes 414.0325.
The legal description for the Annexation Area is provided on Exhibit "A" attached hereto. A
map of the Annexation Area is provided in Exhibit "B" attached hereto for the convenience of
the parties.
2. The City and Township shall jointly request that the entire area described in
Exhibit "A" and illustrated in Exhibit "B" be included as Urban Service Area within the
Olmsted County Land Use Plan.
3. Annexation of land within the Annexation Area.
• (A) The City shall have the right to annex by resolution any land within the
Annexation Area at any time subject only to the annexation provisions of this
agreement and when such land meets one or more of the following criteria:
(i) a majority of the property owners in a subdivision (defined
as all of the lots on an individual plat filed for record in the
Olmsted County Recorder's Office) in which one or more
parcels are contiguous to the City, or a majority of the
property owners of a contiguous parcel of land located
entirely within the Annexation Area petition for annexation;
(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
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• 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, by resolution, annex land within the Annexation Area which is
completely surrounded by property within the City, without a petition from a
majority of the owners of such property, provided that all of the following criteria
are met as to such land:
(i) The land has been completely surrounded by land within the
City for a period of at least two years prior to the annexation
of the surrounded land; and
(ii) Land annexed pursuant to paragraphs 3(A)(ii) or 3(A)(iii) is
excluded from the determination of whether the surrounded
• land is completely surrounded by land within the City.
(C) The City may annex any interim development land situated in the Annexation
Area only if the annexation occurs 12 years after the execution of the Interim
Development Agreement (DA). For purposes of this Agreement, the term "interim
development" shall mean residential development: (i) outside the City; (ii) after the
date of this Agreement; and (iii) before the availability of city utilities (City sanitary
sewer and municipal water services) only on those lands as delineated on Exhibit
C to this Agreement.
(D) If the City receives a petition for a WQPP improvement project by a majority of
the property owners within the 22nd Avenue NE area (Weih Subdivision) pursuant
to Section 21 of this Agreement, and the WQPP improvements are completed, the
City agrees to wait to annex the 22nd Avenue NE area (Weih Subdivision) for a
period of three years after the municipal sewer and water improvements have
been completed.
4. The Township will not file any objection with the MBA concerning the City's
annexation of any land within the Annexation Area so long as the annexation complies with
the terms and conditions of this Agreement. If the Township has already filed such an
objection with the MBA, the filing of this Agreement with the MBA shall constitute withdrawal
. of the objection.
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• 5. If the City intends to annex a parcel of property in the Annexation Area, the City
shall, within 14 days of receipt of a petition to annex, submit to the Township the following:
(A) The legal description of the property to be annexed and a map of the property
to be annexed;
(B) A description of the proposed use of said property if known; and
(C) Any General Development Plan for the parcel to be annexed, if one has been
submitted to the City for review and comment.
6. 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. It must also contain a cost estimate of any change in electrical utility
services, including rate changes and assessments which might occur from the annexation.
The resolution must also identify one or more paragraphs of this Agreement which authorize
such annexation.
• 7. Upon the filing of the Annexation Resolution with the MBA, the parties will not
request any alteration of the boundaries of the land to be annexed or any change in the
annexation of the land not provided for in this Agreement. The MBA may review and
comment on the Annexation Resolution, but may not otherwise consider the resolution or
alter the annexation boundaries. Within 30 days of receipt of the Annexation Resolution, the
MBA must order the annexation of the area described in the Annexation Resolution in
accordance with the terms and conditions of this Agreement.
8. Lands ordered annexed pursuant to this Agreement will not be subject to any
differential taxation as referenced in Minnesota Statutes 414.035. Property taxes payable on
annexed land shall continue to be paid to the Township for the entire year in which the
annexation becomes effective. If the MBA's order approving the annexation becomes
effective on or before August 1 of a levy year, the City may levy on the annexed area
beginning with that same levy year. If the MBA's order becomes effective after August 1 of a
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.
9. The City will provide the following property tax re-imbursement payments to the
Township for land within the Orderly Annexation Agreement Area that are annexed to the
City:
. (A) For undeveloped land as of the date of this agreement, the City will make
payments to the Township taxes on undeveloped land at its estimated market
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• value at the time of annexation, regardless of whether the property is later
developed. "Undeveloped land" is defined as any parcel without a structure or
that contains a structure and yet is greater than 30 acres in size. The annual
payments shall commence in the year following the annexation and will be
provided pursuant to either 9(A)I, 9(A)ii or 9(A)iii as applicable.
i) For undeveloped lands that qualify for the Agricultural
Property Tax under the provisions of Minnesota
Statutes 273.111 (commonly referred to as the
"Green Acres" tax law), the City will make ten yearly
payments equal to the Township taxes on the
agricultural market value at the time of annexation,
regardless of whether the property is later developed.
The annual payments shall commence in the year
following the annexation.
ii) In addition, for undeveloped lands that qualify for the
reimbursement of any deferred property taxes under
the "Green Acres" provisions on any parcel of land
within the OA- area, the City agrees to provide
reimbursement for the deferred taxes if the deferred
taxes are for a year in which the land was within
• Haverhill Township. The reimbursement shall be
provided to the Township for each year after the
property is annexed, not to exceed three (3) years.
iii) For other undeveloped lands, the City will make four
yearly payments equal to the Township taxes on the
market value at the time of annexation. 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
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. An exception is
• that there will be no annual declining payments for Weih Subdivision if the City
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installs the WQPP improvements and the City waits three years to annex this
subdivision as provided for under Section 3(D) of this Agreement.
(C) For interim residential developments that are approved in the Annexation Area
after the date of this agreement, the City will make no township property tax re-
imbursement payments to the Township.
10. 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.
11. Interim residential development will be permitted only for those lands within the
Annexation Area as shown on the attached Exhibit C, and only if the interim residential
development complies with the following:
(A) the development complies with the Olmsted County Land Use Plan,
dated November 14, 1995, updated June, 2002, and any amendments
approved by the Olmsted County Board and the corresponding Olmsted
County Future Land Use Map ("Land Use Plan").
(B) the development complies with any applicable General Development
Plan for the project or area as approved by the City, the City's
subdivision controls, capital improvement standards and zoning
regulations; and
(C) the developer agrees to enter into a City-approved Connection
Agreement ("CA") and Interim Development Agreement ("DA") wherein
the developer agrees to construct a County and City-approved
community-based water system or equal that is approved by the City
and City-approved sewer system and sewage treatment system, both of
which must be fully compatible for incorporation into the City's public
water and sewer system.
12. If the development complies with paragraph 11 of this Agreement, the
Township and the County may approve a residential interim development provided that the
developer ,enters into a City-approved CA and DA. Parties to the DA must include the
County, the Township and the City.
13. The DA must provide (but is not limited to) the following:
(A) the affected property owners, the developer and the Township will agree
that the land upon which the development is located will be annexed to
the City pursuant to paragraph 3(C) of this agreement;
(B) provision of water supply and sewage treatment in accordance with
• paragraph 11 of this Agreement;
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• (C) the developer agrees to construct a Township and City-approved
community based sewer system and sewage treatment system, which
must be fully compatible for incorporation into the City's public sewer
system.
(D) the developer will construct, create an escrow account for, or pay a fee
to the City an amount equal to the cost of providing any and all on-site
and off-site capital improvements or facilities (such capital improvements
being substantially similar to the types of capital improvements required
of developments within the City contemporaneous with the Interim
Development) in an amount as reasonably determined by the City,
including, but not limited to, public sanitary sewer and watermain, roads,
bicycle and pedestrian facilities, storm drainage and, stormwater
management facilities, and parks/recreational space that are required to
provide the public infrastructure and services needed to serve the
Annexation Area;
(E) if requested by the City and consistent with requirements of City
development policies and regulations were the property located in the
City, the developer will extend these public facilities through the
development to serve adjacent properties;
• (F) property located in the Annexation Area will be subject to the payment of
development related charges associated with publicly provided
infrastructure. This infrastructure includes, but is not limited to, sanitary
sewer, watermain, water towers, storm sewer, roadway improvements,
storm water management and parkland. The charges become due and
payable upon development or connection to city utilities; and,
(G) payments for related infrastructure improvements must be made
pursuant to standardized charges at the time of development of the
property. These standardized charges are those based upon the City of
Rochester policies in effect at the time of development.
14. Residential development, with a density of non-farm development higher than
that permitted by the Olmsted County Zoning Ordinance in effect as of the date of this
Agreement, will not be permitted in the 0 to 10 year area as shown on the attached Exhibit B.
This prohibition applies to a subdivision or a single parcel of land including a development
that has residential or combined residential and non-residential uses within the 0 to 10 year
area of the Annexation Area. This prohibition does not apply to land located within the City.
15. Olmsted County has not in its Land Use Plan designated any lands within the
Annexation Area as Suburban Development Areas. Under the terms of this Agreement, the
lands included within the Annexation Area are designated for future urban development
• within the City of Rochester. The Township shall not initiate, seek, or support any request to
the Olmsted County Board or Planning Commission for designation of any Suburban
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• Development Areas within the Annexation Area, and further the Township shall oppose any
efforts to include any of the lands within the Annexation Area into any governmental
jurisdiction other than the City of Rochester or Olmsted County.
16. Nothing in this Agreement relieves the Township of its governmental
responsibilities for the Annexation Area, including but not limited to the regular and normal
maintenance of the existing infrastructure of roads, drainage facilities, and street signs. The
Township's continuing governmental responsibilities for an annexed area continue until the
date of the MBA's order approving the annexation.
17. The continued investment of public funds to maintain public roads is an
essential function of the local government. Recognizing such obligation, the Township will
maintain public roads within the Annexation Area in a satisfactory condition. The City will
name the Township as an additional insured party in the owner contracts for the construction
of public infrastructure in cases that development takes access from a Township road. The
Township must crack-fill, seal-coat and overlay all paved Township roads in the Annexation
Area on a preventive maintenance schedule. If the City annexes a Township roadway before
the expiration of the useful life of any major maintenance activity undertaken after the
adoption of this agreement, the City will reimburse the Township for the pro rata cost of the
remaining useful life, as determined consistent with Exhibit "D", of the major maintenance
activity. For purposes of this agreement, a major maintenance activity shall be one that had
a total cost of $10,000 or more, adjusted annually in accordance with the Construction Cost
• Index of the Engineering News Record. Exhibit "D" is attached to this Agreement to show the
preventive maintenance schedule and the manner in which pro rata costs will be calculated.
18. In instances in which a City subdivision takes direct connection onto a Haverhill
Township roadway and the subdivision traffic results in increased annual Township
maintenance costs for that segment of roadway as determined by the County Engineer, the
City agrees to provide an annual maintenance contribution to Haverhill Township for the
actual increased maintenance costs as determined by the County Engineer up to but not
more than $10,000 per mile of roadway, adjusted annually in accordance with the
Construction Cost Index of the Engineering News Record. Roadway segment shall be
defined as that portion of a Haverhill Township roadway that extends between the
intersections of two public roads at either end of the segment.
19. All utility extensions within the Annexation Area will be consistent with the City's
policies concerning the extension of municipal utilities.
20. The City will construct and provide water, sanitary sewer, storm sewer and
street improvements to the Annexation Area as requested by the owner, pursuant to state
and local law, at the discretion of the City and based on the City's policies then in effect.
21. The City agrees to reserve Water Quality Protection Program (WQPP) funds in
an amount not to exceed $15,000 per developed lot and $300,000 in aggregate, for the
properties located along 22"d Avenue NE as identified on Exhibit E for a period of time no
longer than two (2) years from the time of sewer and water mains being in place to sere the
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• properties; provided that a WQPP improvement project is petitioned for by a majority of the
property owners within that time. The specific amount of WQPP funds to be provided to each
property if a project proceeds will be determined solely by the City in accordance with the
WQPP policy in effect at that time.
22. 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, with the exception of
general development planning as a guide to the land subdivision process. However; the
Township shall forward any zoning or subdivision applications to the City for review and
comment prior to Township action on such application.
23. This Agreement provides the exclusive procedure by which the unincorporated
property identified in the Annexation Area may be annexed by the City.
24. The Township and City will meet at least once every five years to review the
status of the annexation and development of the Annexation Area. A request from either
party to this Agreement will be sufficient to initiate the review meeting.
25. 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, 2034, whichever occurs first.
. 26. Disputes concerning this Agreement shall be resolved as follows:
(A) Negotiation. When a disagreement over interpretation of any provision
of this Agreement occurs, City and Township staff members must meet
at least once at a mutually convenient time and place to attempt to
resolve the dispute through negotiation.
(B) Mediation. When the parties are unable to resolve a dispute, claim or
counterclaim, or are unable to negotiate an interpretation of any
provision of this Agreement, the parties may mutually agree in writing to
seek relief by submitting their respective grievances to non-binding
mediation.
(C) Adjudication. When the parties are unable to resolve a dispute, claim, or
counterclaim, or are unable to negotiate an interpretation of any
provision of this Agreement or are unable to agree to submit their
respective grievances to non-binding mediation, either party may seek
relief through initiation of an action in a court of competent jurisdiction.
In addition to the remedies provided for in this Agreement and any other
available remedies at law or equity, in the case of a violation, default or
breach of any provision of this Agreement, the non-violating, non-
defaulting, or non-breaching party may bring an action for specific
• performance to compel the performance of this Agreement in
accordance with its terms.
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• 27. This may Agreement not be modified, amended, or altered except upon written
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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.
28. 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.
29. The terms, covenants, conditions, and provisions of this Agreement, including
the present and all future attachments, shall constitute the entire agreement between the
parties, superseding all prior agreement and negotiations, regarding the Annexation Area.
There are no understandings, agreements or assumptions other than the written terms of this
Agreement.
30. 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.
• 31. 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 25 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.
32. 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 Haverhill
Township Clerk.
33. Properties located in Exhibits A and B shall be subject to the payment of
development related charges associated with publicly provided infrastructure for sanitary
sewer, watermain, water towers, storm sewer, roadway improvements, storm water
management and parkland. Charges for property located outside of the corporate limits of
the City of Rochester (Exhibits A and B) shall be deferred until such time as the property is
annexed and/or developed. Costs for said improvements shall be based on the policies in
effect for the City of Rochester at the time of development. Property within the corporate
limits of the City of Rochester are also subject to development related charges as outlined
above. Payments for related infrastructure shall be made pursuant to levied assessments for
the infrastructure or at the time of the property's development. Costs for said improvements
shall be based on the policies in effect for the City of Rochester at the time of development or
• as established in the assessment procedures.
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34. 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.
35. 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 &W DAY OF C)l46 , 2005.
PRESIDENT OF ROCHESTER COMMON COUNCIL
ATTEST:
CITY CLEA K
• APPROVED THIS 7— DAY OF r ZW9 , 2005.
.gOCt1E STEk
MAYOR OF CITY OF ROCHESTER
• 4 ea afl lie City of
E, gghEster, Minnbso#a
IL
T7�'T&q'kl3BPTED BY t1 TOWNSHIP, OLMSTED COUNTY,
MINNES0TAJHIS _ DAY OF , 2005.
JEROME LAWLER f
Notary PubNo-Minn @W
W CrMffdw n E .hn st.7at•
CHAIRMAN QF TOWN BOARD
ATTEST: '7xi 411'-
OWN
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This document prepared by:
Rochester City Attorney's Office
201 Fourth Street S.E., Room 247
Rochester, MN 55904
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• EXHIBIT A
Haverhill Township Orderly Annexation Agreement Legal Description
That part of Township 107 North, Range 13 West, described as follows:
Commencing at a point on the SW corner of the SW 114, Section 7, thence N
00"36'34" E a distance of 378.46 feet; thence S 31"25'34" E a distance of 1320
feet, thence N 56023'11" E a distance of 380 feet; thence S 49011'19" E a
distance of 723.91 feet to the SW comer of Block 4, Hawthorn Hills Second
Subdivision; thence S72"47'28" E a distance of 269.25 feet; thence N17"12'32" E
a distance of 377.51 feet; thence S 89015'30" E a distance of 197.75 feet; thence
S01"00'44" W a distance of 304.72 feet; thence N63"31'01" E a distance of
129.15 feet; thence A=27"13'22", R=233.00, CHD.=109.67;
CHD.BR.=N77"07'42" E a distance of 110.71 feet, thence S89"15'36" E. a
distance of 161.57 feet; thence 00"44'24" E a distance of 220.00 feet; thence
S89"17'11" E a distance of 66.00 feet (across Hawthorn Hill Road NE); thence S
00"44'24" W a distance of 103.72 feet; thence S 23"2421" E a distance of
243.65 feet; thence N 59016'55" E a distance of 1711.20 feet; thence N 58026'57"
E a distance of 210.68 feet; thence due east to the SE corner of Section. 7;
thence S 01"21'09E E a distance of 405.03 feet; thence S 53"32'21" W a
distance of 550.80 feet; thence S 60027'57" W a distance of 434.54 feet; thence
S 17"11'21" W a distance of 320.00 feet; thence S 24009'39" E a distance of
• 365.00 feet; thence S 89"09'39" E a distance of 430 feet; thence N 77017'20" E a
distance of 371.47 feet; thence N77017'20" E a distance of 238.53 feet; thence S
75022'19" E a distance of 560.00 feet; thence S 75"22'19" E a distance of 215.00
feet, thence N 23035'45" E a distance of 321.53 feet; thence N 80"16'34" E a
distance of 208.80 feet; thence N 01"12'23" W a distance of 490.00 feet; thence
N 01012'23"W a distance of 845.51 feet to the NE comer of the NW 1/4, NW 1/4,
Section 17; thence N 01"29'04" W along the East line of the SW 1/4, SW 1/4,
Section 8.a distance of 662.47 feet; thence due east to the east line of the SW
1/4, Section 8; thence due south along said line to the SE corner of the SE 1/4,
NW 1/4, Section 20; thence continuing south a distance of 330 feet; thence due
west a distance of 562 feet; thence due south a distance of 660 feet to the plat
boundary of Osjor Estates Subdivision; thence west along the north line of Osjor
Estates Subdivision a distance of 499 feet; thence southwesterly along Lot 5,
Osjor Estates Subdivision a distance of 257.6 feet; thence southeasterly along
Lot 6, Osjor Estates Subdivision a distance of 130 feet; thence continuing
southeasterly along Lot 6, Osjor Estates Subdivision a distance of 185 feet; to
the north line of the Providence Addition; thence S 89037'01" W a distance of
285.00 feet, thence N 54"42'29" W a distance of 433.46 feet; thence S 80016'32"
W a distance of 217.67 feet; thence west 272.87 feet; thence S 23059'28" W a
distance of 52.68 feet; thence S 29"58'01" W a distance of 191.68 feet; thence S
10"33'14" W a distance of 91.86 feet; thence S 08"39'49" E a distance of 95.94
feet; thence S 32047'40" E a distance of 141.63 feet; thence S 24025'10" E a
distance of 100.50 feet; thence S 19005'20" E a distance of 62.00 feet; thence
west a distance of 546.51 feet to the east line of Emerald Hills Subdivision;
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• thence N179°13'03" W a distance of 1699.74 feet; thence S 89°13'33" W a
distance of 1336.79 feet; thence N 178°58'29" W a distance of 400 feet; thence
continuing north along said East line of the SW 1/4, NE 1/4, Section 19 to the SE
comer of the SW 1/4, SE 1/4, Section 18; thence west along the south line of
Section 18 to the SW comer of the SW 114, SW 1/4, Section 18; thence north
along the west line of Section 18 to the point of beginning.
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Exhibit C — Haverhill Orderly Annexation Agreement
Interim Development Area
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OW-1 t,
OW-1Permitted Interim
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EXHIBIT
Roadway Infrastructure Maintenance
Pavement Maintenance Frequency of Life Annual
Strategy I Strategy Expectancy I Depreciation
Crack Fill 5 years 15 years 20% per year
Seal Coat 15 years 5 years 20% per year
Bituminous Overlay I I
1"— 1 %' 19 years 9 years 111.1 % per year
1 %"— 1 %:" 12 years 12 years 8.3 % per year
15 years 15 years 6.7 % per year
1 3/4'—2' 18 years 18 years 5.5 %per year
I Culvert Crossing Replacement 25 years ! 25 years 4% per year
(3-way/4-way roadway I
' intersections or Drainageway/
Creek Crossings)
Gravel Roadway As needed ; 25 years 4% per year :.
• Expansion -Widening I
• Bridge Replacement 75 years 75 years 1.3 per year
NOTE: Work items in excess of S10,000.00 shall be co-authorized bebNFen the
City and the Township.
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Exhibit E — WQPP Area within Haverhill
Orderly Annexation Agreement area
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Approved WQPP Area
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