HomeMy WebLinkAboutResolution No. 567-06 ry f - m �- m - m � i7
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OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota
I hereby certify that this document was filed in this office
on 3/26/2007 at 1:00:00 PM and was duly
recorded as document number A-1129915
W MARK KRUPSKI-Co Recorder,by Deputy
-p
Well Certificate:_Received _Not Required
Abstr.- yes_ no
Fees:
r,. 1 cna nn
Received from/return to:
CITY CLERK
I
COVER SHEET
DOCUMENT: RESOLUTION NO. 567-06
• 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 MUNICIPAL BOUNDARY ADJUSTMENTS
ORIGINAL ORDER OF APPROVAL OF ANNEXATION AND AMENDED ORDER TO
CORRECT ERRONEOUS LEGAL DESCRIPTION. \,lcb
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• OA-661-7 Rochester
City Resolution No. 567-06
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
----------------------------------------------------
IN THE MATTER OF THE ORDERLY ANNEXATION )
AGREEMENT BETWEEN THE CITY OF ROCHESTER ) A M E iV D E D
AND THE TOWN OF MARION PURSUANT TO ) ORDER
MINNESOTA STATUTES 414 )
WHEREAS, a joint resolution for orderly annexation was adopted by the City of
Rochester and the Town of Marion; and
WHEREAS, a resolution was received from the City of Rochester indicating their desire
that certain property be annexed to the City of Rochester pursuant to M.S. 414.0325; and
WHEREAS, M.S. 414.0325 states that in certain circumstances the Director of Strategic
and Long Range Planning may review and comment,but shall within 30 days order the
annexation of land pursuant to said subdivisions; and
WHEREAS,Reorganization Order No. 192, effective March 8, 2005, has transferred the
duties of the Director to the Chief Administrative Law Judge; and
WHEREAS, on December 15, 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 if it had originally been made a part thereof:
LOT SDCTY-FOUR (64),AUDrrOR'S PLAT"E"OF THE WEST HALF(W%s)OF
SECT?ON(I7),TOWNSHIP ONE HU?jDRED SIX(I06).NORTH OF RANGE
THRTr'"EN(13)WEST V OL%ISTED COWTY,EXCEYnON TO THE
• -3-
signed by the City of Rochester on September 20, 1999 and the Town of Marion on September
14, 1999.
Dated this 15th day of December, 2006.
For the Chief Administrative Law Judge
658 Cedar Street, Room 300
St. Paul,Minnesota 55155
Christine M. Scotillo
Executive Director
Municipal Boundary Adjustments
Amended order dated this gch day of March, 2007.
For the Chief Administrative Law Judge
658 Cedar Street, Room 300
St. Paul, Minnesota 55155
Christine M. Scotillo
Executive Director
Municipal Boundary Adjustments
• EXHIBIT A
Lot Sixty-Four(64), Auditor's Plat"E" of the West Half(W %z) of Section Seventeen (17),
Township One Hundred Six (106)North of Range Thirteen(13) West in Olmsted County,
Exception to the Following Four Parcels:
1. Commencing for a Place of Beginning at the Southwest Corner of Lot 62 of Said
Auditor's Plat"E", Thence South Along the West Line of Said Lot 64, 434 Feet, Thence East to
the Southeast Lot 59 of Auditor's Plat"B",Thence North Along the West Line of Said Lot 59,
543.7 Feet, Thence West Along the South Lines of Lots 60 and 61 of said Auditor's Plat"E",
286.45 Feet to the East Line of Said Lot 62, Thence South Along said East Line of Lot 62 to the
Southeast corner of Said Lot 62, Thence East 242.7 Feet Along the South Line of Said Lot 62, to
the Point of Beginning.
2. That Part of Lot 64, Auditor's Plat"E"of the West Half(W %z) of Section Seventeen
(17),Township One Hundred Six (106)North of Range Thirteen(13)West in Olmsted County,
Minnesota, Described As Follows: Commencing For a Place of Beginning at the Southeast
Corner of Lot 64 of Said Auditor's Plat and Running Thence West Along the South Line Thereof
A Distance of 127 Feet, Thence North Parallel With the West Line of Vandal's First
Subdivision, a Distance of 528 Feet, Thence East a Distance of 127 Feet to the Northwest Corner
• Lot 7,Vandal's First Subdivision,Thence South a Distance of 528 Feet to the Point of
Beginning. Containing 1.539 Acres More Or Less.
3. That Part of Lot 64, Auditor's Plat"E"of the West Half(W %z) of Section Seventeen
(17), Township One Hundred Six (106)North of Range Thirteen(13)West, Olmsted County,
Minnesota, Described As Follows: Commencing For A Place of Beginning at the Southwest
Corner of Lot 55,Auditor's Plat"B" and Running Thence West a Distance of 248.87 Feet,
Thence North a Distance of 193.6 Feet to the Southwest Corner of Lot 54 of Said Auditor's Plat
"E",thence East a Distance of 248.87 Feet,Thence South a Distance of 193.6 Feet to the Place
of Beginning, Subject to the Right of Travel Through, Over and Across the South 33 Feet
Thereof.
4. That Part of Lot 64, Auditor's Plat"B"in the Southwest One-Quarter(SW '/4) of Section
Seventeen (17), Township One Hundred Six (106),Range Thirteen (13), Olmsted County,
Minnesota,Described as Follows: Commencing at the Northwest Corner of Lot 7, Vandal's
First Subdivision,For a Place of Beginning and Running Thence North 89 Degrees 36 Minutes
West Parallel With the south Line of Said Section, a Distance of 32.43 Feet, Thence Due North a
Distance of 314.57 Feet, Thence South 89 Degrees 36 Minutes East a Distance of 277 Feet,
Thence Due South a Distance of 314.57 Feet to the North Line of Said Lot 7,Thence North 89
Degrees 36 Minutes West a Distance of 244.57 Feet to the Place of Beginning.
•
OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota
I hereby certify that this document was filed in this office
on 2/26/2007 at 8:00:00 AM and was duly
recorded as document number A-1127178
W MARK KRUPSKI-Co Recorder,by__Deputy
Well Certificate:_Received Not Required
Abstr. yes no _
Fees:
Received from/return to:
CITY CLERK
COVER SHEET
DOCUMENT: RESOLUTION NO. 567-06
• NAME: Judy Scherr, City Clerk
RETURN TO: Judy Scherr, City Clerk
/
COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONLY.
„r r
0
• RESOLUTION
WHEREAS, on September 20, 1999, the Common Council of the City of Rochester and
the Town of Marion executed a Joint Resolution for Orderly Annexation for Marion Area #3 (a
copy of which is attached and incorporated herein); and
WHEREAS, paragraph 7(c) of the Joint Resolution allows land contained in the orderly
annexation area to be annexed to the City whenever a landowner seeks to develop a residential,
commercial, industrial or governmental use on land which is platted or subdivided or which is
proposed to be platted or subdivided for development at a density of more than one unit per 40
acres and when the City adopts a resolution in compliance with paragraph 6 of the Joint
Resolution; and,
WHEREAS, Gary Vandal has filed a petition to annex approximately 25.12 acres of land
located along the south side of Pinewood Road S.E., and east of Pinewood Ridge Subdivision,
Section 17, Marion Township; and,
WHEREAS, the legal description for the petitioned property is identified on the attached
Exhibit A which is hereby incorporated as part of this Resolution; and,
WHEREAS, the petitioner is a landowner of property contained in the orderly annexation
area covered by the Joint Resolution and does seek to develop a residential, commercial,
industrial or governmental use on land which is platted or subdivided or which is proposed to be
platted or subdivided for development at a density of more than one unit per 40 acres; and,
WHEREAS, the Council wishes to invoke the procedure described in paragraph 7(c) of
the Joint Resolution and annex the petitioned property and the petitioned property satisfies
paragraph 7 (c) 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
the area is two; 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; and,
WHEREAS, the Orderly Annexation Agreement provides that if an annexation becomes
effective after August 1 of a levy year, the Town may continue to levy on the annexed area for
that levy year. Thereafter property taxes on the annexed land shall be paid to the City. The
*Township taxes on this property are $161.44.
1
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
*Rochester that the petitioned property described above is hereby annexed, added to and made
a part of the City of Rochester, Minnesota, as if it had originally been a part thereof.
BE IT FURTHER RESOLVED that this resolution shall take effect and be in force from
and after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
the Town of Marion and the Olmsted County Auditor/Treasurer.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF LjMY 2m.Lgh- , 2006.
/' -
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: �t 7Zh
% CITY C ERK
APPROVED THIS DAY OF Nb 12t-- 12006.
• MAYOR OF SAID CITY
(Seal of the City of
Rochester;�Wlr nesofa)
ZoneMWA\a s0�074Marion3)
2
•
EXHIBIT A
Lot Sixty-Four(64),Auditor's Plat"B"of the West Half(W '/2) of Section Seventeen(17),
Township One Hundred Six(106)North of Range Thirteen(13)West in Olmsted County,
Exception to the Following Four Parcels:
1. Commencing for a Place of Beginning at the Southwest Corner of Lot 62 of Said
Auditor's Plat"E",Thence South Along the West Line of Said Lot 64, 434 Feet,Thence East to
the Southeast Lot 59 of Auditor's Plat"E",Thence North Along the West Line of Said Lot 59,
543.7 Feet,Thence West Along the South Lines of Lots 60 and 61 of said Auditor's Plat"E",
286.45 Feet to the East Line of Said Lot 62,Thence South Along said East Line of Lot 62 to the
Southeast corner of Said Lot 62,Thence East 242.7 Feet Along the South Line of Said Lot 62,to
the Point of Beginning.
2. That Part of Lot 64,Auditor's Plat"E"of the West Half(W'/2) of Section Seventeen
(17),Township One Hundred Six(106)North of Range Thirteen (13)West in Olmsted County,
Minnesota,Described As Follows: Commencing For a Place of Beginning at the Southeast
Corner of Lot 64 of Said Auditor's Plat and Running Thence West Along the South Line Thereof
A Distance of 127 Feet,Thence North Parallel With the West.Line of Vandal's First Subdivision,
a Distance of 528 Feet,Thence East a Distance of 127 Feet to the Northwest Comer Lot 7,
Vandal's First Subdivision,Thence South a Distance of 528 Feet to the Point of Beginning.
• Containing 1.539 Acres More Or Less.
3. That Part of Lot 64,Auditor's Plat"E"of the West Half(W%2)of Section Seventeen
(17),Township One Hundred Six(106)North of Range Thirteen(13)West,Olmsted County,
Minnesota,Described As Follows: Commencing For A Place of Beginning at the Southwest
Corner of Lot 55,Auditor's Plat"E"and Running Thence West a Distance of 248.87 Feet,
Thence North a Distance of 193.6 Feet to the Southwest Corner of Lot 54 of Said Auditor's Plat
"B",thence East a Distance of 248.87 Feet,Thence South a Distance of 193.6 Feet to the Place of
Beginning, Subject to the Right of Travel Through,Over and Across the South 33 Feet Thereof.
4. That Part of Lot 64,Auditor's Plat"E"in the Southwest One-Quarter(SW '/4) of Section
Seventeen(17),Township One Hundred Six(106),Range Thirteen(13), Olmsted County,
Minnesota,Described as Follows: Commencing at the Northwest Corner of Lot 7,Vandal's
First Subdivision, For a Place of Beginning and Running Thence North 89 Degrees 36 Minutes
West Parallel With the south Line of Said Section, a Distance of 32.43 Feet,Thence Due North a
Distance of 314.57 Feet,Thence South 89 Degrees 36 Minutes East a Distance of 277 Feet,
Thence Due South a Distance of 314.57 Feet to the North Line of Said Lot 7,Thence North 89
Degrees 36 Minutes West a Distance of 244.57 Feet to the Place of Beginning.
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1
ROCHESTER-OLMSTED PLANNING DEPARTMENT O�.ROCgESTER•MINN�
2122 Campus Drive SE, Suite 100•Rochester, MN 55904-4744 ��`�:•'' so
U ,Y
c o u r+r r o f www.olmstedcounty.com/planning
A TED•AUGUST'S•
November 3, 2006
RE: Orderly Annexation Request#06-07 by Gary Vandal
Letter to Petitioner:
This annexation includes the property described as follows:
See attached
Dear Property Owner(s):
As part of the annexation process,Minnesota Statutes 414.033 (Subd. 13).requires that
the municipality notify a property owner that the cost of electric utility services to the
property may change if the land is annexed to the municipality. This letter serves as that
• notice.
Rochester Public Utilities electrical rates are as follows:
January through May .08118/kilowatt hour
June through September .09824/kilowatt hour
October through December .08118/kilowatt hour
You can compare this rate to your present electric service provider's rate to see what, if
any differences there may be.
Sincerely,
Theresa Fogarty, Senior Planner
Rochester/Olmsted Planning Department
Rate Update 03/28/06
BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224
PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345
FAX 507/287-2275
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
a[yNeble
BEFORE THE '
•
yfINNESOTA MUNICIPAL BOARD OR ITS SUCCESSOR
TIN'THE MATTER OF THE DESCRIPTION OF )
ANN UNICORPORATED AREA N MAR-ION )
TOWNSHIP AS IN NEED OF ORDERLY ) JOINT RESOLUTION FOR
AIvT EXATION AND CONFERRING JURISDICTION ) ORDERLY ANNEXATION
OVER SAm AREA IN THE MINNESOTA ) (1,�*�AP.ION AREA#3)
MUNICIPAL BOARD OR ITS SUCCESSOR. )
PURSUANT TO MIN`NESOTA )
STATUES §414.0325, Subd. I )
WHEREAS, the City of Rochester(hereinafter"City") and Town of Marion (hereinafter "Town") agree
that given the potential health threat from individual sewage treatment systems within the area designated in
Exhibit A, there is a need for municipal sanitary sewer and water services; and
WHEREAS, the City and Town agree that orderly annexation and extension of municipal sanita
ry ary sewer
or water services to areas needing such service would benefit the public health, safety and welfare of the entire
community, and the City currently has authority to collect local sales tax funds to pay a portion of the costs for
the extension of sewer or water services to developed areas within the Town; and
WHEREAS, the City and Town agree that there is a public need for the coordinated, efficient and cost
effective extension of City sewer and water in accordance with existing and future needs to promote the public
health and safety by protecting the region's ground water supply and surface waters; and
WHEREAS, the property described in the attached Exhibit A lies within the Urban Service Area of
Rochester, is presently urban or suburban in nature or about to become so and the City is capable of providing
public sanitary sewer, water and storm water facilities within a reasonable time; and
WHEREAS, the extension of public sanitary sewer and water by the City can only be provided in
prioritized phases if the process and timing of annexation is clearly identified and jointly agreed upon in
advance of the capital planning, commitment and expenditure necessary on the part of the City; and
WHEREAS, the establishment of a process of orderly annexation of said lands will be of benefit to the
residents and owners of said lands, and permit the City to extend necessary municipal services in a planned and
efficient manner; and
WHEREAS, for the. areas designated in Exhibit A, the City and the Town desire to accomplish the
orderly anexation of said areas and the extension of municipal services in a mutually acceptable and beneficial
manner wi nthout the need for a hearing before the Minnesota Municipal Board and, with the purpose of avoiding
a dispute over the annexation of the property described in said Exhibit'A, enter into this joint resolution for
• orderly annexation pursuant to Minnesota Statutes §414.0325, Subd. 1.
. NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Town of Marion as follows:
I. The City and Town hereby designate that property situated in the Town of Marion, County of
Olmsted, State of Minnesota, which is legally described on the attached Exhibit A, which is incorporated herein
by reference, as in need of orderly annexation pursuant to Minnesota Statues §414.0325. For ease of reference,
the area legally described in Exhibit A is shown on the attached map, Exhibit B.
2. The Town of Marion hereby withdraws any objections filed and agrees to not file any objections
with the Minnesota Municipal Board, or such other agency winch may undertake those duties and
responsibilities currently held by the Minnesota Municipal Board ("successor"), concerning the City's.desire or
request to annex any of the property described on the attached Exhibit A. The Town of Marion further agrees
that if it has filed any objections with the.Minnesota Municipal Board, or its successor, to the annexation to the
City of any *of the property described in attached Exhibit A, the filing of this Joint Resolution with the
Minnesota Municipal Board or statutory equivalent, shall constitute sufficient notice of the withdrawal of the
objections.
3. The lands designated in Exhibit A attached hereto shall be subject to future annexation to the
City pursuant to the terms and conditions of this joint resolution and shall constitute the "orderly annexation
area" otherwise described in this joint resolution. The City and Town agree that the area legally described in
Exhibit A is designated as in need of orderly annexation and contains approximately 494 acres.
4. Any part or all of the lands described in Exhibit A may, except as otherwise provided, be
. annexed to the City no earlier than January 1 of the year five years after the substantial completion of a water or
sewer project providing water or sewer service to the area. The determination of substantial completion shall be
-nade by the City's Department of Public Works who shall provide written notice of its determination to the
town Board.
5. Annexation under this joint resolution shall be initiated by the adoption of a resolution by the
City. No review by or recommendation from the City of Rochester Planning and Zoning Commission regarding
the adoption of a specific an exation resolution is necessary, except as is hereinafter provided.
6. The City and Town agree that upon the occurrence of any event triggering annexation as
provided in this Joint Resolution of the area designated in Exhibit A or any portion thereof, any signatory to this
Joint Resolution may initiate annexation of any area designated in Exhibit A by submitting a resolution so
providing, along with a copy of this Joint Resolution,to the Minnesota Municipal Board, or its successor, the
Town of Marion, and the Olmsted County Auditor/Treasurer. The resolution for annexation shall contain the
boundary description of the area to be annexed and, pursuant to Minnesota Statutes Section 414.01, subd. 14
and Section 414.0325, subd. la, shall contain the City's estimates of the population and number of households
contained in the area to be annexed and the estimate of electrical service cost differences at the time of
annexation.
The City and Town agree that no alteration of the stated boundaries is appropriate, that no consideration by the
Minnesota Municipal Board is necessary, and that all terms and conditions for annexation of the area legally
described in Exhibit A, or any portion thereof, are provided for in this Joint Resolution. Pursuant to Minnesota
• Statutes Section 414.0325, upon receipt of a resolution of any signatory to the Joint Resolution for annexation
of the area described in Exhibit A, or any portion thereof, the Minnesota Municipal Board may review and
comment, but shall, within thirty (30) days of receipt of said resolution, order the annexation of the area
described in the resolution in accordance with the terms and conditions of this Joint Resolution.
• 7. Notwithstanding the atulexation time line set, forth in paragraph 4, any lands contained in the
orderly annexation area may be annexed to the City prior thereto upon adoption by the City of a resolution
following the procedures as prescribed in paragraph 6 and whenever:
(a) a majority of the property owners submit a petition for annexation or otherwise indicate their
interest to the City or Town in being annexed and receiving sanitary sewer or water service. The
City may consider annexation of said lands after first having the proposal reviewed by the City
Planning and Zoning Commission and receiving a recommendation from that body;
CD) a landowner abuts the City limits and said landowner files a petition for annexation with the
City. In such instance, review by the Rochester Planning and Zoning Commission shall not be
required prior to the City acting upon said petition;
(c) a landowner seeks to develop a residential, commercial, industrial, or governmental use on land
which is platted or subdivided or which is proposed to be platted or subdivided for development
at a density of more than one unit. per 40 acres. In such instances, the City may immediately
annex the area proposed to be developed and the adjacent necessary land which, in the City's
discretion, is needed to extend municipal sewer or water service to the area to be annexed; or
(d) the land is owned by a private person but is completely surrounded by Iand within the City. In
these events.the land may be annexed immediately by the City_
• Provided further, that the parties hereto may revise the annexation schedule otherwise set forth in
paragraph (4) upon"the recommendation of the Olmsted County Health and Planning Departments that the
continued use of private sewer systems in the orderly annexation area present an immediate threat to public or
private water supplies.
8. Pursuant to the provisions of Minnesota Statutes §414.0325, Subd. 5, the parties agree that the
City may, after the effective date of this Joint Resolution, extend its municipal planning and land use controls to
the property described in Exhibit A prior to annexation. To establish its municipal planning and land use
controls, the City shall adopt a resolution identifying the boundaries of the real property subject to municipal
controls and the specific zoning district(s) classification(s) of the subject lands as defined under the Rochester
Zoning Ordinance and Land Development Manual. A copy of the resolution shall be filed with the Town, the
Olmsted County Administrator, and the Olmsted County Recorder's Office.
9. Lands ordered annexed pursuant to this joint resolution shall not be subject to any-differential
taxation as referenced in Minnesota Statutes §414.035. Property taxes payable on annexed land shall continue
to be paid to the Town for the entire year in which the annexation becomes effective. If an annexation becomes
effective on or before August 1 of a levy year, based on the date specified in the order from the Minnesota
Municipal Board, the City may levy on the annexed area beginning with that same levy year. If the annexation
becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that
levy year. Thereafter property taxes on the annexed land shall be paid to the City.
i0. The City shall, in appropriate circumstances, provide notification that the cost of electric utility
• service to the customers on the property subject to this joint resolution may change when the land is annexed to
the City if and when the provider of electrical service is transferred from People's Cooperative Power
Association to Rochester Public Utilities. As of the date of this joint resolution, the estimate of the difference in
overall electrical'service costs between the two providers is minimal. A resolution of the City to annex certain
property subject to this joint resolution, as referenced in paragraph 7, shall contain a cost estimate of any change
in electric utility services, including rate changes and assessments resulting from the annexation.
• 11. It is the City's intention to provide only sanitary sewer and/or water service to developed lands in
the annexation area prior to annexation pursuant to this joint resolution. Thereafter, any other or additional
local in, may be installed by the City in an annexed area:
(a) upon a petition brought pursuant to Minnesota Statutes, Chapter 429, by the benefited
property owner or owners; or,
(b) when three-fourths (3/4) of the City Council determine that it is in the public interest of
the residents of the City and of any lanri.g to be accessed to construct suGl7 local
improvement; or,
(c) when the City and Town enter into an Intergovernment Agreement providing for the
sharing of costs for the local improvement where the sharing of costs is based on the
number of years the improvement shall be in the Town as compared to the
improvement's life expectancy.
12. The City shall have exclusive control over the nature and extent of the installation of municipal
sewer or water. This includes the design and construction of any sewer or water system serving an area of the
Township prior to annexation. The Town, by this agreement, does hereby authorize the City to enter upon the
Town roads for the purpose of constructing, installing, and maintaining any and all sewer and water facilities,
without the need for any further permit or easement. The City shall reimburse itself for the cost of installing
municipal services by entering into connection agreements with individual property owners. The City and
Town recognize that the connection agreements will require payments by the property owners prior to
annexation of the property into the city, and that the payments are appropriately levied as unpaid charges
pursuant to Minn. Stat. Chapters 429 and. 444. The City shall furnish to Town by November 15`h of each
ippropriate year a Iist of properties subject to connection agreements and the amount of special assessments to
be collected from each property. The City shall also provide a list of those properties for which delinquent
water and sewer bills are outstanding. . The Town shall certify, on behalf of the City, these amounts to the
Olmsted County Auditor/Treasurer for inclusion in the Real Property Tax Statement due and payable in the
following calendar year. The certification shall direct the Olmsted County Auditor/Treasurer, to collect and
disburse the assessment amounts directly to the City of Rochester. In the event the County Auditor/Treasurer is
unwilling to disburse the funds to the City, the Town shall remit these funds to the City within 30 days of its
receipt of the funds from the County. The City shall assume the responsibility for certification of the special
assessments and service charges upon annexation of the properties into the City.
13. Nothing in this joint resolution shall relieve the Town of its responsibilities for the regular and
normal maintenance of the existing infrastructure of roads, drainage facilities, and street signs until the property
described in the attached Exhibit A has been annexed into the City.
14. Disputes and Remedies. The City and Township agree as follows:
a. Negotiation. When a disagreement over interpretation of any provision of this Joint Resolution
shall arise, the respective City and Township will direct staff members as they deem appropriate
to meet at least one time at a mutually convenient erne and place to atternpt'to resolve the dispute
• through negotiation.
b. Mediation. When the parties to this Joint Resolution are unable to resolve disputes, claims or
counterclaims, or are unable to negotiate an interpretation of any provision of this Joint
Resolution, the parties may mutually agree in writing to seek relief by submitting their respective
grievances to non-binding mediation.
. C. Adjudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or
counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution
or are unable to agree to submit their respective grievances to non-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 Joint Resolution and any other available remedies at
law or equity, in the case of a violation, default or breach of any provision of this Joint
Resolution, the non-violating, non-defaulting, or non-breaching party may bring an action for
specific performance to compel the performance of this Joint Resolution in accordance with its
L\.L 111J.
15. Modification/Amendment. This Joint Resolution shall not be modified, amended, or altered
except upon the written joint resolution of the City and the Township duly executed and adopted by the City
Council and Township Board of Supervisors and filed with the Minnesota Municipal Board or its successor.
16. Goveming Law: Severabili�y. This Joint Resolution for Orderly Annexation is made pursuant to,
and shall be construed in accordance with the laws of the State of Minnesota. In the event any provision of this
Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court
of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect,
and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this
Joint Resolution or other appropriate actions as shall; to -the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties hereto.
. 17. Entire m n . The terms, covenant, conditions; and provisions of this Joint Resolution,
including the present and all future attachrnents, shall constitute the entire agreement between the parties,
superseding all prior agreement and negotiations, regarding the annexation area. This Joint Resolution shall be
binding upon and inure to the benefit of the respective successors and assigns of the City and Town.
18. Effective Date: Termination This resolution shall be effective immediately upon its adoption by
the parties and its filing, by the City and Town, with the Minnesota Municipal Board. The obligations of the
parties to one another according to the terms of this resolution shall terminate at such time that the entire area
designated in Exhibit A has been annexed to the City,or at such time that the City and Town mutually agree in
writing that this joint resolution shall be terminated.
19. Notices. Any notices required to be sent under the terms of this agreement shall be considered
sufficient notice if mailed by finnt class U.S. mail to the City of Rochester, City Administrator's Office, 201 4 h
Street SE, Rochester, MN 55904, and to the Town of Marion, Marion Town Clerk, 2850 Oakview Court SE,
Rochester, MN 55904.
• PASSED AND ADOPTED BY THE COIvL�r10N COUNCIL OF THE .CITY OF ROCHESTER,
MrNNT ESOTA THIS 0: 7W DAY OF� T�l7'J , 1999.
IDENT OF SAID COMIC ON COUNCIL
ATTEST:
CITY CLEkk
APPROVED THIS 015r DAY OF �` J� c - > 1999.
MAYOR OF AID C
(Seal of the City of
Rochester, Minnesota)
PASSED AND i�LDOPTED BY THE TOWN OF _ 1 ad1I , MD\TNESOTA, THIS
DAY OF c:55PT. '- 1999.
MkHWAN OF TO
ATTEST:
6111�.
OWN CLE
Zon c`order.ann ex.marion3doc
i
• i I � � I � i i
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1 Exhibit "A"
Marion Township i
Orderly Annexation
Area n3
Legend
Currently in City
Annexation Area
Exhibit "A"
Marion Township Orderly Annexation Area #3
I__ `ELSCH CT SE I -3 u•It ST SE I '
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0 Annexation Area "
City Parcel
400 0 400 800 Feet wE
;-1 Marion Township Parcel
SURVEYOR'S AFFIDAVIT
I. Larry J. Shannon, a Land Surveyor licensed under the laws of the State of Minnesota,
hereby certify that the attached EXHIBIT B describes the same property as shown on the
attached EXHIBIT A, Marion Township Orderly Annexation Area # 3.
Date Larry nnon, LS 16096
STATE OF MINNESOTA )
) SS
COUNTY OF DODGE )
The foregoing instrument was acknowledged before me this 1—day of January, 2000,
by Larry J. Shannon, LS 16096.
Notary Public, Dodge County, MN
•
My Commission Expires:
BETH DAVIS
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31.2D60
This Instrument was prepared by:
McGHIE & BETTS, INC.
1648 Third Avenue SE
Rochester, MN 55904
PH: 507/289-3919
FAX: 507/289-7333
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Betts ,, Inc.
• Consulting Engineers � '� Land Surveyors
TM
Planners
1648 Third Avenue S.E., Rochester, MN 55904 507-289-3919 Fax 507 289-7333
1604 Riverview Lane, Northfield, MN 55057 507-645-0964 Fax 507-645-2842
PROPOSED ORDERLY ANNEXATION DESCRIPTION (Area #3)
FOR: CITY OF ROCHESTER
DATE: OCTOBER 26, 1999
That part of Section 17, Township 106 North, Range 13 West, Olmsted County, Minnesota,
described as follows:
es
Beginning at the southwest corner said theon 17: thence line the of, 1891.52 feet totithe south
39 seconds West, as
bearingg,, along
line of Lot 63, AUDITOR'S PLAT 'E'; thence North 88 degrees
feet to southeaseconds
East,
along the southerly line of said Lot 63, a distanceo
thereon; thence North 00 degrees 46 minutes 15 seconds
ne of PINEt, along t WOOD ROADSSOUTHEAST;
said Lot 63, a distance of 243.00 feet to the cent
91.29 feet
thence South 68 degrees 39 minute 17gecondsWesttalong the'ea easterly line of Lot 22 in
• thence North 01 degree 13 minutes
said AUDITOR'S PLAT 'E'; a distance of 359.85 aeon to he northehe rly line of s id Lot 22hance
North 68 degrees 51 minutes 39 seconds West, 9 - North
distance of 227.89 feet to the easterly right of way line of
30th Avenue SE; thence
right f way line, 94.70 feet; 01
degree 16 minutes 39 seconds West, along said easterly said easterly right of way line,
thence North 01 degree 34 minutes 23 seconds West, along
1423.11 feet to the southerly line of OLMSTED COUNTY TYRIGHT 83 degrees 25TminOute o 37
(the next six courses are along said southerly line),
seconds East, 17.03 feet; thence North 01 degree 34 minen utes 23 seconds West, 70.00 feet;
thence northeasterly 244.95 feet along a tangential curve,mutes 32 concave
tots; thence South 72 sou
s
of 165.00 feet and a central angle of 85 degrees 03
degrees 25 minutes 50 seconds East, not tangent to said
curve, 519.82
feet;
thenfeet
75 degrees 00 minut southeasterly thence
South
es 28 seconds East, ,t, 321.23 feet;
alon the southerly line oy line of
f said PLAT NO. 104 and al eve the northeast of 17235.73
g
CSAH NO. 36 and along a nontangential curve, conc said curve bears
feet, central angle of 03 degrees 41 minutes 39 se111n27 fee to the southerly extension of
South 61 degrees 49 minutes 58 seconds East, 1
the west fine of CEDAR PARK FIRST SUBDIVISION;
the wet line of said degrees
CEDAR PARKminutes
08 seconds West, along said extension line of along
er thereof (the next three
FIRST SUBDIVISION, 1233.77 feet to the northwest ST orn SUBDIVISION); thence Northcourses
are along the northerly line of said CEDAR PARK00 degrees 53 m
East, 456.28 feet; thence o 5
degre
es 06 minutes 52 seconds 2 seconds East, 169.50
seconds West, 267.53 feet; thence North 89 degrees 06 minutes
feet to the west fine of the Northeast Quarter of sal 267 53 feet to the northwesion 17, thence North 0t comer of
21 minutes 18 seconds West, along said west line,
said Northeast Quarter; thence North 89 degrees 37 minutes 56 seconds East, along the
Larry J.Shannon•L.S. wchaei E.Gowm,P.E..L S.
K.M.McGhee,P.E..L S. �904-�°!� William E.Tomton,C E.T President ,lames E.Swanson.L.S.Vice President David L.Morrill,P E.Vice President
Douglas N.Betts.P E.,L.S.Vice Presrdent. Andrew J N,asterpoie,ASLA Daniel J Zemke.P.E.
north fine thereof, 2651.63 feet to the northeast corner of said Section 17; thence South 01
degree 37 minutes 50 seconds East, along the east line thereof, 2641.70 feet to the
southeast corner of said Northeast Quarter; thence South 01 degree aid Se 8 minutes distance of
seconds East. along the east fine of the Southeast Quarter
2028 feet more or less to the southerly right of way line of CSAH No. 36; thence
northwesterly along said southerly right of way line, 864 feet more or less to the north line of
the South Half of the Southeast Quarter of said Section 17; thence South 89 degrees 22
iminutes 19 seconds west along said north line, 2140 feet more or less to the west line of
the Southeast Quarter of said Section 17; thence South 00 degrees 59 minutes 46 seconds
East, along the west line thereof, 1322.10 feet to the.southeast corner of the Southwest
Quarter of said hereoSection 628t29 feetce south 89 to the point of beginning.egrees Excepting therefrom West,
the north
the south line thereo ,
50.00 feet of the Northeast Quarter of said Section 17.
ALSO:
The west 33..00 feet of the South Half of the Southeast Quarter of Section 17, Township 106
North, Range 13 West, Olmsted County, Minnesota.
ALSO: i
The west 33.00 feet of the Northwest Quarter of Section 16, Township 106 North, Range 13
• West, Olmsted County, Minnesota.
Containing in all, 494 acres more or less.
This proposed annexation area is to include all public right-of-ways and easements within
the above described areas.
•
RC3330M1 PLHTFOGA RECAP Collection-System
11/06/2006 08 : 54 : 14 Inquiry Bill Comparison (Y)
R R 63 . 17 .33 . 036441 GARY VANDAL
2007 Mod? Rel : PRI
•
2006 2005 2004
Non-JOBZ Taxable Value 117, 00.0 112 , 300 108 , 200
Non-JOBZ Tax Capacity 1, 170 1, 123 1, 082
Property Hstd/Classification NON-HSTD HSTD HSTD
AGRICULTURAL AGRICULTURAL AGRICULTURAL
MARION TOWNSHIP 1 .44 122 . 65 128 . 33
ROCHESTER SCHOOL DST 291 . 11 322 .30 323 . 58
COUNTY 633 .45 461 . 05 478 . 09
** Total Tax & SpAsmt 1, 086 . 00 906 . 00 930 . 00
PENALTY 63 .42 9 . 30
, INTEREST 17 .44
`ADMINISTRATION FEE 25 . 00
*** Total Amounts 1, 086 . 00 1, 011 . 86 939 . 30
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