HomeMy WebLinkAbout5 - Annexation Agreements
EXHIBIT "B"
IN THE MATTER OF THE AMENDMENT TO THE
JOINT RESOLUTION FOR ORDERLY ANNEXATION
BETWEEN THE CITY OF PRIOR LAKE
AND SPRING LAKE TOWNSHIP, MINNESOTA
PURSUANT TO MINNESOTA STATUTES 414.0325, SUBD. 1
TO: Minnesota Municipal Board
165 Metro Square Building
st. Paul, Minnesota 55101
Pursuant to an Amendment to Joint Resolution as to Orderly
Annexation between the City of Prior Lake ("City") and Spring
Lake Township ("Township"), the City and the Township hereby
jointly agree that the Joint Resolution as to Orderly Annexation
between the Cit~ and the Township be amended with respect to the
following descrlbed property, to include the following:
Both the City and the Township agree that no alteration of
the stated boundaries of the Joint Resolution as to Orderly
Annexation between the parties dated November 20, 1972, is
appropriate. Furthermore, both parties have entered into an
Amendment to the existing Agreement made as of ,
1991. Both parties agree that no consideration by the
Minnesota Municipal Board ("Board") is necessary. Upon
receipt of this Resolution, the Board may review and comment,
but shall, within 30 days, order the annexation of the
following described pro~erty in accordance with the terms of
the amendment to the JOlnt Resolution:
THAT PART OF THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 11, TOWNSHIP 114, RANGE 22,
SCOTT COUNTY, MINNESOTA, LYING NORTHEASTERLY
OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
MUSHTOWN ROAD, CONSISTING OF APPROXIMATELY 71
ACRES.
Approved by the City of Prior Lake this ____ day of
1991.
Mayor
City Manager
Approved by Spring Lake Township this ____ day of
1991.
Chairperson
Clerk
AGR~~!l4~NT
THIS AGREEM!NT made al of the ____ day of
1991, by and betwe.n the City of Prior Laxa, a Minn880ta
municipal corporation (HCityH) and New Century Conltruction,
Inc., a Hinnelota corporation (HNew Century").
RECITALS
WHEREAS, New C.ntury 1. the f.e owner of certain real
property located in Spring Lake Town.hip ("Town8hip") described
a8 tollows (nproperty").
That part of the Welt half of the Northealt Quarter of
Section 11, Township 114, Range 22, lyinq
Northea.terly of the center line of Muahtown Road,
Scott County, Minne.ota, con8ietlnq of approximately
69.82 acrel;
and
WH!R!AS, New Century has petitioned the City to have the
Property annexed to the City and detached from the Town8hip,
and
WHEREAS, the Town.hip doe. agree to the annexation ot the
Property pursuant to the term8 of an amendment to a Joint
Resolution al to Orderly Annexation dated November 20, 1972
between the City and Township; and
WHEREAS, laid Amendment to Orderly Annexation Aqreement
between the City and the Township requires that certain teel
and tax.. be paid or reimbursed to the Township by the CitYl
and
WHiREAS, New Century ha. requelted that the annexation
procell b. expedited; and
WHlREAS, in order to expedite the annexation proces8, it 18
necessary for the City and Township to adopt an amendment to
the Joint Resolution a. to Orderly Annexat10n for filinq with
the Minnelota Municipal Board,
NOW, THEREFOR!, in conlidarat1on of the mutual covenant.,
undertakings and agreementa of the partie., the parti.. aqr.e
4. folloW81
1. The City .hall enter into an Amendment to Orderly
Annexation Agreement Yith the Township and an amendment to the
Joint Resolution al to Orderly Annexation expediting the
annexation matter with the Minnesota Municipal Board, 8ubjact
to the lubml..ion and approval by the respective 9overn1nq
bodies of the City and Township.
0"1111"'0 I..JJ....ll.IJ~IL..l LIT ~~~..., ~.'7'.':T T~.. CoT .~.~H
AMENDMENT TO
ORDERLY ANNEXATION AGREEMENT
THIS AGREEMENT made as of this 11th day of April, 1991, by and
bet~een the CITY OF PRIOR LAKE, a Minnesota municipal corporation
(ItCit.y"), and SPRING LAKE TOWNSHIP, a Minnesota political
sUbdivision ("Township").
RECITALS
WHEREAS, City and Township are parties to a Joint Resolution
as to Orderly Annexation dated November 20, 1972, ("Existing
Agreement"): and
WHEREAS, City and Township desire to amend said Existing
Agreement only as it applies to the following described property
("Subject Propertyll):
That part of the West Half of the Northeast Quarter of Section
11, Township 114, Range 22, lying northeasterly of the center
line of Mushtown Road, Scott County, Minnesota, consisting of
approximately 69.82 acres (see Annexation Site attached hereto
as Exhibit "A").
NOW, THEREFORE, the parties agree as follows:
1. The parties agree that the Subject Property shall be
detached from the Township and annexed to the City pursuant to a
Joint Resolution attached hereto and incorporated herein as Exhibit
"B".
2. The real estate taxes payable on the Subject Property in
1991 shall be retained by the Township. In consideration of the
loss of future taxes, on or before December 31, 1991, the City
shall pay the Township $8,000.00.
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r04/11/91
3. The City shall maintain, at no cost to the Township, the
segment of Hushtown Road contained in the North Half of Section 11,
Township 114, Range 22. Maintenance includes, but is not limited
to, tree trimming, surfacing with crushed limestone, signing, dust
control, and snow plowing. The Township shall, however, be
responsible for grading. Before the City allows any driveways or
street access from the Subject Property onto Mushtown Road, the
City shall overlay with a bituminous surface that part of Mushtown
Road described above that is currently surfaced with gravel. The
design for the improvement shall be determined by the City. The
To~nship shall reimburse the City its cost to overlay that section
of Mushtown Road in the Township. The payment to the City shall be
due, without interest, eight (8) years after the overlay has been
completed. If, however, the City annexes that segment of roadway
into the City before the reimbursement payment is due, no
reimbursement shall be required. The required reimbursement, if
any, shall not exceed $8,000.00.
4. If subsequent to the initial overlay improvement required
to be constructed by the City pursuant to paragraph 3 above the
parties determine that another improvement p~-oject is necessary,
and if at that time the segment of roadway to be improved lies in
part in the City and in part in the Township, the parties shall
negotiate a jOint powers agreement to construct the improvement.
The agreement shall provide that the Township shall assess the
benefitted property in the Township to the extent of benefit. To
the extent that the special assessment are collected, the Township
shall reimburse the City.
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5. The City shall allow unconditional driveway access from
each building site in the Township onto that segment of Mushtown
Road within the City or maintained by the city. If the Township
approves construction of a new roadway that intersects with the
segment of Mushtown Board in the City, the de~ign of the inter-
section must be approved by both the City and the Township.
6. Within thirty (30) days after both parties have signed
this Agreement, the City shall reimburse the Township its costs
incurred in negotiating this Amendment in an amount not to exceed
$1,500.00 (said sum including Township's attorney's fees incurred).
7. Except as herein specifically provided, all other terms,
conditions, and/or provisions of the Existing Agreement remain in
full force and effect.
CITY OF PRIOR LAKE
BY:
Its Mayor
AND
Its City Mdnager
SPRING LAKE TOWNSHIP
BY:
Its Chairperson
AND
Barbara Kane Johnson, Clerk
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STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
day of , 1991, by Lydia Andren and David
Unmacht, respectively the Mayor and City Manager of the City of
Prior l~ke, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( 5S.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
day of , 1991, by and
Barbara Kane Johnson, respectively the Chairperson and Clerk of
Spring Lake Township, a Minnesota political subdivision, on its
behalf and pursuant to authority granted by its Town Board.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
(612) 456-9539
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