HomeMy WebLinkAboutResolution No. 478-03 F y t 41y µyl
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RESOLUTION
WHEREAS, on September 3, 2003, the Common Council of the City of Rochester and
the Town of Kalmar executed a Joint Resolution for Orderly Annexation (a copy of which is
attached and incorporated herein); and
WHEREAS, paragraph 36 of the Joint Resolution states as follows:
36. Notwithstanding any provision of this Agreement to the contrary, the City
and Township agree that, upon the parties' execution of this Agreement,
the City may by resolution annex the following described land containing
56.70 acres, more or less: The north 1900.00 feet of the east 1300.00
feet of the Northeast Quarter of Section 13, Township 107 North, Range
15 West, Olmsted County, Minnesota; and,
WHEREAS, the City of Rochester wishes to invoke paragraph 36 of the Joint Resolution
for Orderly Annexation and annex the above-described property; and,
WHEREAS, the legal description for the property is as follows:
• The north 1900.00 feet of the east 1300.00 feet of the Northeast Quarter of
Section 13, Township 107 North, Range 15 West, Olmsted County, Minnesota;
Containing 56.70 acres, more or less; 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 above-described annexation area is zero; and,
WHEREAS, the City's estimate of electrical service cost at the time of annexation is (a)
.07096 per kilowatt-hour from January through May and October through December, and (b)
.08574 per kilowatt-hour from June through September.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the above-described property 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
g. nd after its filing of a certified copy hereof with the Minnesota Municipal Board, or its successor,
ne Town of Kalmar and the Olmsted County Auditor/Treasurer.
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS tC W DAY OF <-rJO�- nE6c-- , 2003.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 1&rH DAY OF ,5Fi45/ - , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone200o\OrdedyAnnex.Resi.Kalmar
•
BEFORE THE
MINNESOTA BOUNDARY ADJUSTMENTS OFFICE
OF THE DEPARTMENT OF ADMINISTRATION
IN THE MATTER OF THE DESCRIPTION OF )
AN UNINCORPORATED AREA IN KALMAR )
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 � of
2003, by and between the CITY OF ROCHESTER, MINNESOTA (the "City")
• and KALMAR 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.
WHEREAS, although there currently are no Suburban Development Areas ("SDA")
within the Annexation Area, and no part of the annexation area has been designated a part
of the City's Urban Service Area ("USA") or Urban Reserve Area ("URA"), as the same are
depicted in the Olmsted County Land Use Plan, a means is needed to control the
development of these areas should they be created;
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 C ounty Recorder's Office) i n which o ne o r m ore
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 T horoughfare P Ian, but o my t o t he e xtent o f t he
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;
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• (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, 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 any 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) located within the 11
to 25 year area of the Annexation Area as delineated on Exhibit B to this
Agreement. However, interim development shall be allowed only if the
following requirements are satisfied:
(i) installation of common sewage collection and water
distribution system services on-site at the time of
development;
(ii) establishment o f a n e scrow a ccount t o p ay f or a II o n-site
• and off-site capital improvements not installed by the
developer (such capital improvements being substantially
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• similar to the types of capital improvements required by
developments within the City contemporaneous with the
Interim Development);
(iii) documentation of agreements for sewer and water service
hookup to the City's public sewer and water systems;
(iv) clustering of buildable lots to minimize costs and provide
flexibility for future development;
(v) development of platting arrangements and zoning
requirements to allow for future lot splits or zoning
arrangements limiting the final residential lot size to a
maximum of 0.5 acres , unless otherwise approved by the
City due to exceptional topographic constraints;
(vi) development of site planning that is approved through a
general development plan, including City and Township
review; and
(vii) execution of the required Connection Agreement and
Interim Development Agreement (DA).
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.
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.
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
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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 m ay not otherwise c onsider t he resolution o r
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 ten
yearly payments equal to the Township taxes on undeveloped land value at the
time of annexation, regardless of whether the property is later developed.
"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.
(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 y ear of annexation. The fifth y ear a nd final payment w ill b e 10% o f t he
township t axes o n t he a nnexed I and i n t he year o f a nnexation. 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.
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• (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 in the 11-25 year areas
within the Annexation Area as shown on the attached Exhibit B, 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 and Township 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) the developer agrees to construct a County and City-approved
community-based water system, which must be fully compatible for
incorporation into the City's public water system;
(C) the developer agrees to construct a Township and City-approved
community based sewer system and sewage treatment system, which
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• must be fully compatible for incorporation into the City's public sewer
system.
(D) the developer will construct, or pay a fee to the City 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 s ewer a nd w atermain, roads, b icycle a nd 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, 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
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.
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• 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 "C", 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. Exhibit "C" 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 Kalmar
• 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 Kalmar 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. Roadway segment shall be defined as that portion of a Kalmar
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 and Township agree that the City's zoning and subdivision authority
do not apply within the Annexation Area until the time of annexation.
22. This Agreement provides the exclusive procedure by which the unincorporated
property identified in the Annexation Area may be annexed by the City.
23. The Township agrees that it will notify and discuss with the City any requests to
enter into an Orderly Annexation Agreement with any governmental body other than the City
for any lands shown in Exhibit D. If any land shown on Exhibit D becomes the subject of an
annexation petition in favor of a governmental entity other than the City, nothing in this
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Agreement will prevent the City from responding to that petition using any and all statutorily
available legal responses.
24. Except as provided in paragraph 25 of this Agreement, the City cannot annex
land outside of the Annexation Area without the Township's written approval.
25. Until such time as 50% of the land area within the Annexation Area is annexed
to the City, the City may only annex land outside of the Annexation Area if the land abuts the
City and the City receives a petition for annexation from all of the property owners of the
land. The City will provide the same property tax reimbursement payments to the Township
(as described in paragraph 9 of this Agreement) for the land outside of the Annexation Area
that is annexed to the City. Once 50% or more of the land area within the Annexation Area is
annexed to the City, the City may annex land outside of the Annexation using any legal
procedure available to it.
26. 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.
27. 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.
28. 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
9
performance to compel the performance of this Agreement in
P p P 9
accordance with its terms.
29. 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.
30. This Agreement is made pursuant to, and shall be construed in accordance
with t he I aws o f t he State of M innesota. I n t he event a ny p rovision o f t his A greement i s
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.
31. 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.
32. 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.
33. 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 27 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.
34. 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 Kalmar Township
Clerk.
35. 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
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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.
36. Notwithstanding any provision of this Agreement to the contrary, the City and
Township agree that, upon the parties' execution of this Agreement, the City
may by resolution annex the following described land containing 56.70 acres,
more or less: The north 1900.00 feet of the east 1300.00 feet of the Northeast
Quarter of Section 13, Township 107 North, Range 15 West, Olmsted County,
Minnesota.
37.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS & J _ DAY OF _,� ,D�yyfBE�- , 2003.
SIDENT OF OCHESTER COMMON COUNCIL
ATTEST:
CITY 6LEkK
APPROVED THIS DAY OF , 2003.
• /
MAYOR OF CITY OF ROCHESTER
(Seal of the City of
Rochester, Minnesota )
PASSED AND ADOPTED BY KALMAR TOWNSHIP, OLMSTED COUNTY,
MINNESOTA, THIS DAY OF , 2003.
IRMAN OF TOWN BOARD
ATTEST:
T N CLERK
This document prepared by:
Rochester City Attorney's Office
• 201 Fourth Street S.E., Room 247
Rochester, MN 55904
Zone2000brder.annex.Kalmar7 0
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