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Bridgewater-Northfield Annexation Agreement, 1999

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  • 8/14/2019 Bridgewater-Northfield Annexation Agreement, 1999

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    RESOLUTION 1199-255TO THE MINNESOTA MQNICIPAL BOARDOR SUCCESSOR AGENCY

    A JOINT RESOLUTIONOFTHE CITY OF NORTHFIELDANDTHETOWNSHIP OF BRlDGEWATERDESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY

    ANNEXATION ~ C O N F E R R I N G JURISDICTION OVERSAID AREA ON THE MINNESOTAMUNICIPAL BOARD PURSUANT TO MINN.

    STAT. 414.0325WHEREAS, the City ofNorthtleldand theTownship of Bridgewater desire to accommodategrowth in the mostorderly fashion; andWHEREAS, a joint orderly annexation agreement between theparties hereto is beneficial to bothparties from the standpoint of orderly planning andorderly transition ofgovernmentwithin the area proposed to be annexed, and provides the guidelines under whichsuch annexation shall take place; andWHEREAS , theParties heretodesire toenter into abinding contract whichencompasses the terms

    of this Joint Resolution;NOW THEREFORE BE IT RESOLVEDby theCity ofNorthfield (sometimes hereinafter referredto as "the City") and the Township of Bridgewater (sometimes hereinafter referred to as "theTownship") that the property described herein isdesignated for orderly annexation by the City ofNorthfield and shall be annexed subject to the following terms and conditions:J. Thepropertywhich is covered by this orderly annexationagreement is legally described asfollows:

    All that part of Section 2, Township II I North , Range20 West, Rice County, Minnesota,not alreadyannexed and partof theCityofNorthfield . (Approximately 370 acres)TOGETHER WITH:

    That partof the NortheastQuarter of Section II , Township 111 North,Range 20 West, RiceCounty, Minnesota, lying southeasterly ofthesoutheasterly right-of-way line ofMinnesotaTrunkHighway 3, and lying southeasterly of the northwesterly right-of-way line ofCountyState Aid Highway 28, not already annexed and part of the City of Northfield.(Approximately 7.5 acres)TOGETHER WlTH:

    That partof the SoutheastQuarter of Section II, Township III North,Range 20 West, RiceCounty Minnesota, lying north of the northerly right-of-way line of County State AidHighway I and cast of the southeasterly right-of-way line ofMinnesota Trunk Highway 3.

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    (Approximately 120 acres)TOGETHER WITH :

    All that part ofSection 12, Township II I North, Range 20 West, Rice County, Minnesota,not already annexed an part of the City of Northfield. (Approximately 280 Acres)TOGETIfERWITH :

    That part of theNorthwest Quarter of Section13,Township III North, Range 20West, RiceCounty, Minnesota, lying north of the northerly right-of-way line of County State AidHighway I. (Approximately 12 acres)

    TOGETHER WITH:That part of theNortheast Quarter of Section 14,"Townsbip 111 North, Range20West, RiceCounty, Minnesota, lying north of the northerly right-of-way line of County State AidHighway I. (Approximately 4.5 acres)

    TOGETHER WITH :All that portion of Section 34, Township 112 North, Range 20 West., Rice County,Minnesota, lying northeasterly of the centerline of Minnesota Sta te Highway #19.(Approximately 220 acres)

    TOGETHER WITH:All that portion of Section 35, Township 112 North, Range 20 West, Rice County,Minnesota, lying north and northeasterly of thecenterline ofMinnesota StaleHighway #19and not already annexed to the City ofNorthfield. (Approximately 365 acres)(All of which property is hereinafter referred to as "the Property") (Approximately 1,379acres total ).The City of Northfield and the Township of Bridgewater hereby agree that the followingdescribed property, which is included withintheorderly annexation area described above,be immediately annexed to the City cifNorthfield:a. All that part of the Northeast QuarterofSection 11,Township III North, Range 20

    West, Rice County, Minnesota, not already annexed and part of the City ofNorthfield. .Said tract contains 7.5 acres more or less .

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    This property described in this Section II. a shall be zoned as Highway Commercial(C-3).TOGETHER WITH:

    b. That Part of the NorthHalfof the Southeast Quarter of Section II, Township I I INorth, Range 20West,Rice County, Minnesota, Described as follows:Beginning at the intersection of the southeasterly right-of-way line of TrunkHighwayNo. 3 and thenorth line ofsaid North Half; thence easterly on an assumedazimuth from north of89 degrees 59 minutes 25secondsalongsaid north line 719.62feet; thence southerly 179 degrees 04 minutes 41 seconds azimuth 438.27 feet;thence southwesterly 206.83 feet ona tangential curveconcavenorthwesterlyhavinga radius of 290.00 feet and a central angle of40 degrees 5I minutes 48 seconds;thence southwesterly219degrees 56minutes 29seconds azimuth538.55feet; thencesouthwesterly 149.42 feet ona tangential curve concave southeasterly having a radiusof 210.00 feet and a central angle of40 degrees 46 minutes 06 seconds; thencesoutherly 179degrees 10minutes 23 seconds azimuth 133.55 feet to the south lineof said North Half; thence westerly 269 degrees 57minutes 50 seconds azimuthalong said south line 1307.53 feel 10 the said southeasterly right-of-way lineofTrunk:HighwayNo.3; thencenortherly 347 degrees 21 minutes 17seconds azimuth alongsaid southeasterly right-of-way line 56.94 feet; thencenortheasterly 39 degrees 56minutes 21 seconds azimuth along said southeasterly right-of-way line 934.43 feet;thence southeasterly 129 degrees 56 minutes 2I seconds azimuth along saidsoutheasterly rightofwayline:55.00 feet; thence northeasterly 39degrees 56 minutes21 seconds azimuth along saidsoutheasterly right of way line 264.82 feet; thencenorthwesterly 309degrees 56minutes 21 seconds azimuth along said southeasterlyright-of-way line55.00 feet; thence northeas terly39 degrees 56minutes 21 secondsazimuth along said northeasterly right of way line 442.14 feet to the point ofbeginning.Said tract contains 32.89acres more orless.The propertydescribed in thisSection II. b shall be zonedHighway CommercialPlanned Development Zone #1 (C-3/PDZ #1) inunediately upon annexation.provided that if the proposed PDZ has not received final plat approval and site planapproval, andmet all otherrequirements for development of the PDZ by March 1,2001 then the zoning designation for the subject property shall revert to (AG)Agriculturalwithout further action by theCity.

    HI. TheCity ofNorthfield may annex up to 150 acres ofland ineachof the following five (5)year time periods, with 110 more than sixty (60) acres of land to be annexed in anyone. calendaryear:

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    TOGETHER WITH:

    TOGETHER WITH :

    All of the Property described inSection I.

    1999thoughDecember 3I, 2004January 1,2005 through December 31,2009January 1,2010 through December 31,2014January I, 2015 through December 31, 2019

    A.8.C.D.

    Any unused acreage from any five (5) year period shall not accumulate and shall not becarried forward to another five (5) yearperiod .

    The West Halfof Section3, Township III North, Range 20West, RiceCounty, Minnesota.

    rv, Nopartof the Propertymaybe annexed to the CityofNorthfield unless a minimum of two-thirds of the land owners owninga minimum of two-thirds of the land in the area to beannexed request annexation. All land tobe annexed shall be reasonably compact in size andafter theannexation, shouldnot isolate any other parcels ofland. Notwithstanding any otherprovisionof thisAgreement, however,nothing herein shall prevent theCity from annexinganypropertyperMinnesotaStatutes Section414.033 , Subd. 2, (2),whichspecifically allowsthe annexation by ordinance of land that is completely surrounded by land within thernunicipallirnits. In addition nothinghereinshallprevent the City from annexing propertyowned by the State ofMinnesota or theUnited States ofAmerica, pursuant to MinnesotaStatutes, Section 414.033. In addition, any parcels of land that are located within theTownship ofBridgewaterthatare owned bytheCityonor before the dateof this Agreementmay beannexedby the CityofNorthfieldpursuant toMinnesotaStatutesSection 414.033.

    The easthalf ofSection34.Township 112 North, Range 20West, RiceCounty, Minnesota,lying south of the centerline ofMinnesota StaleHighway #19.

    V. TheCityofNorth1ieldagreesthat during theterm ofthis Agreement no annexations, otherthan throughthis OrderlyAnnexation Agreement, shallberequestedor take place from theTownship of Bridgewater to the City of Northfield, except in such cases where theannexation is ordered by theStateofMinnesota without petition by theCity, and except asprovided in Section TV . .VI. The Township of Bridgewater agrees that itwill not allow annexation of any part of the

    following land within theCity ofNortbfield's Planned Urban BoundarylUrbanExpansionBoundary to anyother jurisdiction:

    VII. The CityofNorthfield agrees that thesubdivisions known as Bittersweetand Timberlane,located in Section 12,Township 111 North, Range 20West,Rice County, Minnesota, willnot be annexed by the City of Northfi eld until such time as land surrounding these

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    For eachannexation thatoccu rs under this Agreement, theelectric utility service notice asrequired by Minnesota Statutes Section 414.0325, Subd. la, will be satisfied.The parties agree to the following division of tax revenues from the Property and paymentof special assessments for local improvements to theProperty:

    All annexationwithin theProperty WIll be consistent with the City's policies concerning theextensionofmunicipal utilities.The City ofNorthfieldwill construct and provjde water, sanitary sewer, storm sewer andstreet improvements to thePropertyas requested by the owner, pursuant to state and locallaw, in the discretion of theCityand based onthepolicies of theCity then in effect.

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    Theparties herebyconferjurisdiction on theMunicipal Board or its successor agency Overannexationof the Property and overthevarious provisions of this Agreement. The Propertyis adjacent to the CityofNorthfield.

    developments hasbeen annexed, including the adjacentproperty to thesouth ofCountyStateAid Highway #1, except that nothing shall prevent a two-thirds majority of the propertyownerswithineachof thesubdivisions named above from requesting annexation to the CityofNorth.field, inwhichcase this Agreement shall notprevent theannexation ofone or bothof these subdivisions pursuant to anymeans provided by law, andexcept where.annexationis ordered by the State ofMinnesota without petition by theCity.

    The Property or any portion thereof shall be taxed at the tax capacity rate asdescribed above, andtheCityshall receive all local property taxes payable on theProperty, until the second full calendar year after the yearin which a Certificate ofOccupancy is issued for the Property or anyportion thereof. Beginning with thesecond full calendar year after theyearinwhichaCertificateofOccupancy is issuedfor the Propertyor anyportion thereof, the Township shallreceiveproperty taxesonsuch Property or portion thereof for a six year period to the extent of theTownship'Stax capacityrate each yearmultiplied by the lax capacity of the Property or portionthereof in each yearof thesix yearperiod, except thatfor single family residentialproperties'UIC reimbursement shall be based on the lax capacity multiplied by the

    (A) propertyTaxes' After annexation; the tax capacity rateapplicable to parcels withinthe Property which have been developed forresidential use and are occupied as ofthe dateof thisAgreement shall be increased in substantially equal proportions eachyear of a six year period until it equals the tax capacity rate of theCity ofNorthfield.The tax capacity rate appl icable to other parcels within the Property shall beincreased in substantially equal proportions each year of a six year period until itequals the lax capacity rate of the City of Northfield, provided that whensubstantiallyallmunicipal services areavai lable to any suchparcel(s), as determinedby the City Engineer, the lax capacity rate applicable to those parcel(s) shallthereuponbe increased immediately to the taxcapacity rateof theCity ofNorthfield.

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    TheCityofNorthfield andtheTownship ofBridgewater agreethatno alterationof thestatedboundaries of the Property is appropriate. Furthermore, the parties agree that no

    (B) I Itjlity and Street Assessments" The Property willbe assessed for utility and streetimprovements when said improvements have been determined by the City tobenefittheProperty as requiredbyMinnesota Statutes Chapter429.

    This Agreement will go into effecton the date that theOrderlyAnnexation Agreement isapproved by the Minnesota Municipal Board or its successor agency. Each subsequentannexation within the Property designated by this Agreement must be reviewed andapprovedby theMunicipal Boardor its successor agency.

    For the purposes of this Agreement the term "single family residential" shall bedefined as single family detached dwelling units consisting ofone dwelling unit perlot and singlefamily attached units consisting of twodwelling units connected by acommonwall with each dwelling unit located ona separatelot.

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    In the event thatno Certificate ofOccupancy has beenissued [or the Propertyor anyportion thereof within six (Ii) years of the effective date of each annexation, thenbeginning in the seventh year after the effective date for each annexation theTownship shall receive property taxes from the Property or anyportion thereof forwhich It Certificate ofOccupancy has notalready beenissued for a six year periodto the extent of the Township's tax capacity rate each year multiplied by the taxcapacityof theProperty orportion thereof in each yearof the six year period, excep lthat for single family residential properties thereimbursement shall be based on themost recent tax capacitymultiplied bythemost recenttax capacity rate establishedand this same amount shall be paid to theTownship in each year of the six yearperiod regardless of the exact amount collected by the CityofNorthfield.. TheCityofNorthfieldshall receive allproperty taxes in excess of anyamountspayableto theTownship pursuant hereto, and all property taxes payable from and after theexpirationofany applicable sixyear period.

    Township's tax capacity rate established for the second calendar year after aCertificateofOccupancy hasbeen issued for the Property or anyportion thereof thaCis single family residential, and this same amount shall bepaid to the Townshipineach yearof thesix yearperiod regardless of the exact amountcollectedby theCityofNorthfield. The CityofNorthfield shall receive allproperty taxes in excessof anyamounts payable to the Township pursuant hereto, and all property taxes payablefrom andafter theexpiration of any applicable six yearperiod.

    The Property shall be zoned according to normal zoning procedures established in theNorthfieldZoningOrdinance. TheCity ofNorthfield Comprehensive Plan shall guide theCity in arrivingat theappropriate zoning of the Property. WhentheProperty is annexed totheCity, itwill be zoned Agricultural, unless another zoning designation is specified at thetime of annexation.

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    consideration by the Municipal Board or its successor agency is necessary. Upon receipt ofthis resolution, passed and adopted by each party, the Municipal Board or its successoragency may review and comment, butshall,within thirty (30) days, make an order, includingthe immediate annexation stated in SectionII, in accordance with the terms of this jointresolution.Future annexations will be accomplished bysubmission of a joint resolution for orderlyannexation to the Municipal Board or its successor agency from the City and the Township.In any case where there is a disagreement between the City and the Township as to an areaproposed for annexation under the terms of this Agreement, either the City or the Townshipor both may submit a resolution to theMunicipal Boardor its successor agency to considersaid annexation, pursuant to Minnesota Statutes, Section 414.0325; and specificallySubdivision 2 ofMinnesota Statutes,Section 414 .0325shall apply for hearing purposes. Thesubmission of a resolution by either the Cityor the Township, or both the City and theTownship to the Municipal Board or its successor agency to consider an annexation underthe terms of this Agreement shall conferjurisdiction to the Municipal Board or its successoragency over said annexation.In regard to the subdivisions known asBittersweet and Timberlane, any future annexationwill occur subsequent to compliance with the terms of Section VII and the previousparagraph.

    XVI. The City of Northfield and the Township of Bridgewater agree to work with all otherappropriate jurisdictions to protect Spring Brook Creek and the Spring Brook CreekWatershed.

    xvn. The City of Northfield will reimburse theTownship Bridgewater for its costs, limited toattorney's fees and exira meeting costs incurred in relation to this Orderly AnnexationAgreement, up to $3,500.00.

    XVIII. Any tax payments due to the Township perSectionXII. of this Agreement will be madewithin 30 days of receipt by the City of the tax distribution from Rice County.

    XIX. This Agreement will automatically expireonDecember31,2019; however, nothing hereinshall prevent the City ofNorthfield and theTownship ofBridgewater from amending thisAgreement during its term.

    xx. This Resolution shall be a binding contract upon the Parties herein, and may be enforced ineither Law or Equity, notwithstanding future amendments in Minnesota Statutes, except asspecifically provided otherwise in this Agreement,

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    Approved by the Township ofBridgewater this