[TEXT OF THE ORDERLY ANNEXATION AGREEMENT IS FOLLOWED BY A MAP SHOWING THE AREAS COVERED BY THIS AGREEMENT, WHICH IN TURN IS FOLLOWED BY LEGAL DESCRIPTIONS OF ALL PROPERTIES REFERRED TO THEREIN]
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MN
Municipal Board Docket No. __________
Haven
Township Resolution No. __________
Sherburne
County Resolution No. ___________
City of St. Cloud Resolution No. ___________
JOINT
RESOLUTION AS TO ORDERLY ANNEXATION
BY AND BETWEEN THE CITY OF ST. CLOUD, SHERBURNE COUNTY, AND
THE TOWN OF HAVEN
WHEREAS, the City of St. Cloud (the “City”), Sherburne County (the
“County”), and the Town of Haven (the “Town’) desire to provide for the
orderly development of areas of the Town that are or are about to become urban
or suburban in character; and
WHEREAS, the City, County, and the Town wish to encourage development and
extension of services to those properties which are contiguous to the City
limits prior to properties which are not adjacent to the City boundaries; and
WHEREAS, the City, County, and Town wish to limit non-farm rural
development within those areas surrounding the City until such time as municipal
services are available and to ensure that growth occurs in an orderly manner;
and
WHEREAS, the City, County, and the Town have reached an agreement which
is in the best interest of citizens of the City, County, and Town.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF ST. CLOUD,
BOARD OF COMMISSIONERS OF SHERBURNE COUNTY, AND THE BOARD OF SUPERVISORS OF THE
TOWN OF HAVEN,
1. Description of Area to be Annexed. That the following described
areas are properly subject to orderly annexation under and pursuant to Minnesota
Statutes §414.0325, and the parties do hereby designate these areas for orderly
annexation as provided by statute:
A. That area set forth on the attached map (Exhibit
A) and legally described by Exhibit B.
2. Municipal Board Jurisdiction.
That upon approval by the parties, this agreement shall confer jurisdiction upon
the Department of Administration-Municipal Boundary Adjustments (the
“Department”) so as to accomplish said orderly annexation in accordance with
the terms of this agreement.
3. No Alterations of Boundaries.
The City, County, and the Town mutually state that no alteration by the
Department of the boundaries of those areas designated herein for orderly
annexation is appropriate.
4. Conditions for Annexation.
The City, County, and the Town mutually state that this resolution sets forth
all of the conditions for annexation of the areas designated herein for orderly
annexation and that no consideration by the Department is necessary. The
Department may review and comment, but shall, within thirty (30) days, order
annexation, subject to the provisions of paragraph 5.
5. Petition for Annexation within Tract 1 of the
Orderly Annexation Area. The City, County, and
Town mutually state that properties in Tract 1 of the Orderly Annexation Area as
shown on Exhibit A and legally described by Exhibit B, or a portion thereof
shall be annexed to the City by the Department upon the petition by a majority
of the property owners involved and receipt by the Department of the City’s
resolution requesting annexation of the petitioned property.
6. City Not to Initiate Annexation.
The City will not initiate annexation within Tract 1 of the Orderly Annexation
Area during the term of this orderly annexation agreement unless petitioned for
by a majority of the property owners involved. The City agrees not to annex
property within Tract 2 of the Orderly Annexation Area with or without property
owner petition during the term of this orderly annexation agreement, unless
approved by resolution of the Town Board and County Board.
7. Property Taxes. A
rural tax district shall be established for properties existing within the Town
immediately prior to an annexation approval, except developed commercial or
industrial properties. The tax
capacity rate for the rural district will be adjusted to the mid-point between
the rate in the present City and the most recent Town tax rate for taxes payable
2006. Thereafter, the
differential between the Town tax rate and City tax rate will remain constant.
An urban tax district shall be established for properties existing within
the Town immediately prior to an annexation approval that are developed as
commercial or industrial properties. The
tax capacity rate for the urban district portion of the present Towns will be
the City tax capacity rate, beginning with taxes payable in 2006.
For unplatted property, redesignation from rural tax district to urban
tax district occurs upon platting,
whenever application is made for a permit for the construction of a commercial,
industrial, or urban residential development or improvement on the property, or
when basic urban services are extended to the property.
For platted property which was determined to be rural in character, the
redesignation from rural tax district to urban tax district occurs whenever any
lot or portion of a platted property is developed, or when basic urban services
are extended to the property.
8. Development Limitations.
The City, County, and Town agree that no property within Tract 1 or Tract 2 of
the Orderly Annexation Area will be rezoned from its current Agricultural zoning
and/or platted for residential uses at a density of less than 1 home per 40
acres. The City, County, and Town also agree that no property within Tract 1 or
Tract 2 will be rezoned to a commercial or industrial district during the term
of this orderly annexation agreement without the written consent of the St.
Cloud City Council. Properties
final platted prior to July 1, 2005 for residential development at less than the
density specified above and properties zoned for commercial or industrial use on
July 1, 2005 are allowed to be built upon in accordance with the applicable
provisions of the County Zoning Ordinance.
9.
Zoning.
The parties agree that the land shown in Tract 1 and Tract 2 is not subject to
joint planning as part of this Orderly Annexation Agreement.
Zoning authority remains in Sherburne County and Haven Township and the
provisions of Minnesota Statute Section 414.0325, Subd. 5 do not apply to the
annexation area. The development
limitations established by Section 8 represent a contractual agreement between
the parties.
10.
Future Discussions Between the Parties. The Town and City agree to initiate discussions on future
development within Haven Township upon receipt of information regarding the
location and timing of construction of an airport area sanitary sewer
interceptor.
11.
Term of this Agreement. This
orderly annexation agreement and its terms terminate on November 1, 2010; unless
terminated before such time by resolution of the parties.
This
resolution is adopted by the St. Cloud City Council the _____ day of ________,
2005.
________________________
Carolyn Garven, Council President
Attest:
________________________
Gregg
Engdahl, City Clerk
This
resolution is adopted by the Haven Town Board of Supervisors the ___________ day
of _______________, 2005.
__________________________
LeRoy Pauley, Chair
Attest:
___________________________
Michael
Zniewski, Town Clerk
This
resolution is adopted by the Sherburne County Board the ___________ day of
_______________, 2005.
__________________________
Felix Schmiesing, Board Chair
Attest:
___________________________
Brian
Bensen, County Administrator
EXHIBIT
B
LEGAL
DESCRIPTIONS OF TRACT 1 AND TRACT 2
Tract
1:
Parcel 25-006-220
Commencing at the northwest corner of northwest 1/4
of Section 6- 35-30, thence east on assumed bearing along north line of west 1/2
of northwest 1/4 a distance of 64.27 ft to intersection with southerly r of w of
US Hwy 10 thence south 43 deg 03 min 00 sec east along r of w 1261.80 ft to
point of beginning of land to be described, thence south 46 deg 57 min 00 sec
west 100 ft to a point hereinafter referred to as point "a”, thence south
84 deg 58 min 22 sec west 624.39 ft thence s 00 deg 41 min 16 sec east parallel
with west line 42.65 ft, thence south 89 deg 48 min 44 sec west 185 ft, thence
north 00 deg 41 min 16 sec parallel with west line 187 ft, thence south 89 deg
18 min 44 sec west 33 ft to a point in said west line 903.40 ft from northwest
corner, thence south 00 deg 41 min 16 sec east 423.29 ft to its intersection
with northerly r of w line of burlington railroad, thence south 63 deg 13 min 58
sec east along described r of w line 618.24 ft, thence north 26 deg 46 min 02
sec east 265.57 ft, thence south 76 deg 08 min 08 sec east 417.85 ft, thence
north 47 deg 19 min 38 sec east 250 ft to the intersection with southerly r of w
line to a point hereinafter referred to as point "b", thence
northwesterly 74.95 ft along southerly r of w line and along a non tangential
curve concave to southwest having a radius of 11,382 ft & central angle of
00 deg 22 min 38 sec, the cord of said curve bears north 42 deg 51 min 41 sec
west, thence north 43 deg 03 min 00 sec west tangent to said curve & along
said southerly r of w line 440.05 ft to point of beginning. Sub to easements.
and,
Parcel 25-006-2202
Section 6, t 35 n, r 30 w, that pt of nw 1-4 of nw
1-4 des in crv 9213: com at the nw cor of said w 1-2 of nw 1-4; thence e on an
assumed bearing along the n line of said w 1-2 of nw 1-4, a dist of 64.27 ft to
its intersection with the s'ly r of w line of hwy 10; then s 43 deg 03 min 00
sec e along said r of w line, a dist of 1261.80 ft to a pt hereinafter referred
to as pt a; thence cont s 43 deg 03 min 00 sec e, along said r of w line, a dist
of 440.05 ft; thence se'ly 74.95 ft, along said r of w line & along a
tangential curve concave to the sw , having a radius of 11382.80 ft & a
central angle of 00 deg 21 min 38 sec, to the pt of beg of the land to be desc;
thence s 47 deg 19 min 38 sec w, a dist of 250 ft; thence n 76 deg 08 min 08 sec
w, a dist of 417.85 ft; thence s 26 deg 46 min 02 sec w 265.57 ft to the
intersection with the n'ly r of w line of the burlington northern railroad;
thence s 63 deg 13 min 58 sec e, along the last desc r of w line 838.81 ft to
the most w'ly cor of that certain tract recorded in deed doc #114202; thence n
50 deg 46 min 38 sec e, along the nw'ly line of the last mentioned tract 421.68
ft to its intersect with said s'ly r of w line; thence nw'ly 555.65 ft, along
said s'ly r of w line & along a non-tangential curve concave to the sw,
having a radius of 11382.80 ft & a central angle of 02 deg 47 min 49 sec,
the chord of the last desc curve bears n 41 deg 16 min 27 sec w, to the pt of
beg. Together with a 40 ft easement to be used with others for the purpose of
ingress & egress, which lies adjacent to & sw'ly of a line drawn from
the aforementioned pt a to the aforementioned pt of beg
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And
Parcel 25-006-2215
The east 175 feet of the west 208 feet of the south
183 feet of the north 1090 feet of the northwest quarter of the northwest
quarter of Section 6, Township 35 North, range 30 west
And
Parcel 25-112-4300
That part of govt lot 4, sect 12 w of the 4th
principal meridian. Less & except the following: a tract of land lying in
& bein g a part of govt lot 4, sect 12 as follows , to-wit: beg at a pt
where the n line of said govt lot 4 intersects the sely bank o f the mississippi
river; thence e along th e n line of said govt lot 4, 487.10 ft mor e or less to
a pt, said pt being 1320 ft w of the centerline of csar 8, thence at ri ght
angles s 300 ft; thence at right angle s w & para with the said n line of
said go vt lot 4, 159.70 ft; thence at right angle s s 331 ft; thence at right
angles w & par a with the said n line of said govt lot 4, 600 ft; thence
deflect 82 deg to the righ t & in a nwly direction 332 ft, more or le ss to
an intersection with the said sely b ank of said mississippi river; thence nely
along said sely bank of said mississippi river 440 ft more or less to the pt of
beg & there terminating. Also less & except t hat part of govt lot 4,
sect 12 w of the 4 th principal meridian desc as follows: beg at a pt on the n
line of said govt lot 4, 900 ft w of the centerline of (csar8); th ence s, at a
right angle, a dist of 175 ft ; thence w at a right angle, & para with s aid
n line, a dist of 420 ft; thence n, at a right angle, a dist of 175 ft, to the s
aid n line; thence e, at a right angle, al ong said n line, a dist of 420 ft to
the p t of beg. Subj to easements of record . Al so less & except that part
of govt lot 4, sect 12 w of the 4th principal meridian de sc as follows: comm at
a pt on the n line of said govt lot 4, 900 ft w of the center line of (csar 8);
thence s at a right angl e a dist of 175 ft; thence w, at a right a ngle &
para with said n line, a dist of 42 0 ft; thence s, at a right angle, a dist o f
125 ft to the pt of beg of the land to b e desc; thence w, at a right angle at
dist of 159.70 ft; thence s, at a right angle, a dist of 331 ft; thence e, at a
right an gle, a dist of 159.70 ft; thence n, at a r ight angle, a dist of 331 ft
to the pt of beg. Subj to easements of record.
And
Parcel 25-112-4305
That part of govt lot 4, sect 12 w of the 4th
principal meridian desc as follows: co mm at a pt on the n line of said govt lot
4, 900 ft w of the centerline of (csar 8); thence s at a right angle, a dist of
175 ft; thence w, at a right angle & para with said n line, a dist of 420
ft; thence s, at a right angle, a dist of 125 ft to the pt of beg of the land to
be desc; thence w at a right angle a dist of 159.70 ft; the nce s, at a right
angle, a dist of 331 ft; thence e, at a right angle, a dist of 159 .70 ft;
thence n, at a right angle, a dist of 331 ft to the pt of beg. Subj to easem
ents. Together with a 66 ft ingress & egre ss easement over, under &
across govt lot 4, sect 12 of the 4th principal meridian. The center line of
said easement is desc a s follows: beg at a pt on the n line of sa id govt lot
4, 867 ft w of the centerline of (csar 8); thence s, at a right angle, a dist of
208 ft; thence w at a right angle , a dist of 453 ft & said centerline there
terminating. The tract herein conveyed is being conveyed for the purpose of
attachm ent to the contiguous tract previously sol d to ansley w johnson &
vivian e johnson & which tract herein conveyed hereafter shall not be
considered a separate tract, lot , parcel, or subdivision of land for purpo se
of conveyance, but rather a part of the tract to which it is being attached,
unle ss said tract shall become a part of a dul y recorded plat & that part
of govt lot 4, sect 12 of the 4th principal meridian des c as follows: beg at a
pt on the n line of said govt lot 4, 900 ft w of the centerli ne of (csar 8);
thence s, at a right angle , a dist of 175 ft; thence w at a right an gle &
para with said n line, a dist of 420 ft; thence n at a right angle, a dist of
175 ft, to the said n line; thence e, at a right angle, along said line, a dist
of 4 20 ft to the pt of beg. Subj to easements of record
And
Parcel 25-112-4400
The southeast 1/4 of southeast 1/4 sec.12, T 35 N, R
31 W, except plat of Wayside 1 and Wayside 2
And
Parcel 25-112-4200
That part of Section12, T 35 N, R 31 W,
south 400 ft of east 883 ft of center line of Mill Road and being in Government
Lot 3 as measured along center line of road, east and west line being parallel
And
Parcel 25-112-4205
That part of Section 12, T 35 N, R 31 W, north 110ft
of east 400ft of south 510 ft west of center line of Mill Road & being in
Government Lot 3 as measured along center line of Mill Road east & west
lines being parallel
And
Parcel 25-007-4000
That portion of the following parcel located in the
southwest ¼ of Section 7: that part of Section 7, T35 N, R 30 W, described as
the north 1/2 of the southeast1/4 except the north 455 ft and part of
northeast1/4 of southwest1/4 beginning at the southeast corner of the
northeast1/4 of the southwest1/4; thence north 45 degrees west 1866.75 feet to
the northwest corner of said northeast1/4 of the southwest1/4; thence east to
the northeast corner of said tract; thence south to the place of beginning
And
Parcel 85-007-4100
That portion of the following parcel located in the
southwest ¼ of Section 7: that part of Section 7, T 35 N, R 30 W, described as
the north 455 feet of the southwest ¼ and the north 455 feet of the northeast
¼ of the southwest ¼ lying northeasterly of a line described in instrument
126490.
Tract
2:
The west ½ of Section 4, Township 35 North, Range 30 West
All of Section 6, Township 35 North, Range 30 West
lying east of Highway 10 and located outside of the St. Cloud city limits
The
southeast quarter of Section 7, Township 35 North, Range 30 West
All of Section 9, Township 35 North, Range 30 West,
less the northeast quarter
All of Section 16, Township 35 North, Range 30 West,
located west of Highway 10
All
of Sections 5, 8, 17, and 18, Township 35 North, Range 30 West
Section
13, Township 35 North, Range 31 West