HomeMy WebLinkAboutExhibit 1 - 1972 OAAE
NOY G l 1S 72
JOINT RF.=X AS TO ORnERLT ANNU
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Vnereas, the Municipal CemnI.1sion of the Stare of Minnesota pre3cntly has t
before it for hearing and consideration the matter of annexing certain portions
of Spring Lxke Township to the Village of Prior Lake; and \
Wherea3, the Township of Spring Like and the Village of Prior Lake are
parties to the said hearint; and
Whereas, there is a basis for agreement betveen the parties to this action
upon which the matte-r pre3ently before the Minnesota Municipal Cocsiisaion can
be settled, and the municipal parties ha r_to desire to Set forth such te:aa
of tettlement by means of this resolutiom,.
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Nov, Therefore, De It Resolved by the Township of Sprin= Lake and the
Yillage of Prior Laka, as followas
1. That the following described area in Sprin; Lake Township is properly
subject to orderly annaxation under and pursuant to Minnesota Statutes
414.012, and the parties hereto do hereby designate this area as in
need of orderly annexation as pr b statutes
Sections (11 �Z Q 4, 9, 10, 11, 12 and the
Last � of Sections 5 and d (Township 114,
Ran ge 22 Vecz) all in Spring Lake Township,
Scott County, Minnesota.
That the Township of Sprint Lake does upon the p'as3age of this
resolution and its adoption by the eouac'_1 of the Village of Prior Lake,
confer jurisdiction upon the .Minnesota Municipal Ca=nissicn so as to
accomplish said orderly annexation in accordance with the te--= of this
resolution.
2. No annesation•s will take place anyvhere within the area designated as
in need of orderly annexation- umlcas the area involved la or is about
to bee=t urban or suburban to character and unless the city has available
and is espable of providing municipal 3e r ices such as water, sanitary
scuers and storm severs.
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3, Any prrsnns annexed to the village pursuant to this anreement shall
receive a "tax break" eonsisl.inK of a stated graduated increase in
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mill rates from the Town rate to the Village ratn over a three la
five year period depending on the length of time netes3ary to provide
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full municipal services to the area annexed.
w. The Town will not object to the annexation during the next year of
those remaining portions of Sections 1 and 2 which are not currently
a part of the village and of that portion of Section 3 which lies
south of the lake of Prior "ka and east of the public access road J
also known as First Street including the lake and the islands therein.
Subject to Number 8 and 9 below, the Yillage agrees not to attempt
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any annexations of any property within the remainder of Section 3
or Sections 10 and 11 for a period of at least f�lyear3.
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6. Subject to Number 8 and 9 below, the Village agrees not to attempt any
annexations of any property within Sections 6 and 9 or the east of =+ )!
Secti S and 8 for a period of at least eight years from the date
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of the agreement.
7. because of the uncertainty over whether or when development might occur
within Section 12, both parties agree to leave the question of annexations j
within this area to the discretion of the Minnesota Municipal Coasnissicn.
S. If sanitary sewer collection systems must be constructed within the
above described orderly annexation area because of orders from the
Pollution Control Agency or requests from landowners or otherwise, both
parties agree to leave the extension of village boundaries to include
the severed areas to the discretion of the Minnesota Municipal Commission.
This exception is granted only.in order that the village would be
enabled to lay any necessary water pipes or storm sewer3 the same
time that the sanitary sever collection system is constructed.
9. When and if construction begins on the Metropolitan Sever board Prior
Lake Interceptor, the village mey apply to,tba commission for the
extension of its boundaries to include the shoreline of the lake of
Spring Lake our :3 100 fa -t teyond the surrounding roads, The purpose
of this cxceptioa is to allow censtructiOntof sanitary sewer
collection system which will be connected to the interceptor when it
reaches the ldllag . The village agrees to.defer any a33easments for
this tru... sever ■ystes and ot_i.rr a.uni:ly.l laipruvemsnu .iainst an
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agrlculturtl land invoLved for as long as It reauins agricultural.
Tile Village further aCrees to construct a sanitary sewer collection
system around that part of the lake of Prior lake that is within its
boundaries which system will also be connected to the Interceptor when
it reaches the Village,
10. both parties agree to work jointly to secure federal grants -In-aid
and Metropolitan Serer board approval for sewer extensions to this
area.
11. Tha Town agrees to exclude the area designated as in need of orderly
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annexation from its zoning and subdivision ordinances if the county
will agree to exclude the area from its zoning regulations. This
would enable the Village to extend the application of its zoning and
subdivision regulations pursuant to Minnesota Statutes 462.358 and 359.
The Village agrees that I f it obtains this extraterritorial planning
power it will select two township residents to serve on its planning
commission from among four residents nominated by the town board.
If the county does not agree to the above arrangement both parties
! a ;ree to establish a joint planning and zoning coosnitteee for the
orderly annexation area and to abide by its decitions J• This coataittee -
shall consist of one appointed representative of the Town board, one
representative appointed by the Yillage Council and a neutral member
to ba appointed by the Scott County board of Co=issioners.
12. The effect of annexations on population shall be resolved whenever
possible by agreement of the parties. If there is failure to reach
such an agreement, the question shall be resolved by the Minnesota
Municipal Commission at the hearing and the determination shall be
included in the Coernission order.
13. In all annexations within the orderly annexation area the parties agree
to the following division of financial assets and obligations:
a. Prooerty Taxes
The real estate tax income for the year in which the
annexation takes plats shall be dividtd on the basis
of the decimal fraction of the assessed value of the
area to be annexed as opposed to Spring Lake Township's
saseased valuation as a whole. This ratio would be
1 1 . • %.:
fur -ther modified by the proportion of the Tear remaining
in which the annexation takes place. For example: If
the area to be annexed consisted of 30% of the Township's
total assessed valuation and 8 months were remaining in
the year at the date of the annexation, the amount of
property tax revenue forwarded to the Village would be
30% times 8/12 or 20% of Spring Lake's total real estate
tax revenues for the year during which the annexation takes
place.
The Town agrees to foz -,card the indicated amount of tax
revenue due to the Village within 15 days of the annexation
order. The Town would then retain all rights to receive
these tax funds as they become payable from the county
treasurer, thereby reimbursing itself for any payments
to the village.
i b. Per Capita Aids
The Municipal Commission will determine the ratio of the
population annexed to the total population of the Town
on the date of its order. This ratio will be further
modified by the proportion of the year remaining in which
the annexation takes place (as explained above with regard
to Property Taxes). I
The County Auditor will apply this modified ratio to all
quarterly or other subsequent payments of state per capita
aids to the town and divide the payment accordingly.
Per capita (lids received by the town in the year of annexation,
prior to the data of annexation. would be shared by the same
modified ratio as explained above.
Unless and until the entitlement of the town to federal
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revenue sharing aids is adjusted pursuant to federal regulations
relating to boundary changes (31 CFR Sec. $1.23); the town
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agrees to apply the above deter+ =' ned codified popiiiation
ratio to any federal revenue sharing checks received and to
forward the Village pertion within 15 days of receipt of the
funds.
c. Dedicated Road or ?ark Funds
If any annexations involve locations which entail dedicated
road or park funds, these funds and their administration will
be turned over to the Village within 15 days after the date
of the annexation order.
a If any annexations involve locations which entail accounts
receivable to be collected in the future as special road
assessments, such funds will be for.ra_-red by the Village to
the Town.
d. Town General %I nd and Other Issets
The village agrees not to apply for any division of the
Town's General Funds or other assets.
14• Unless and until a further orderly arzexation a is negotiated;
the Village agrees not to attempt any further annexations within
Spring Lake Township for a period of 15 years from the date of the
agreement unless there is a unanimous petition of the landowners
involved.
15. Both parties agree to dismiss the pending annexation petition
(Minnesota Municipal Commission. File No. A- 2148).
TOWNSHIP OF SPRING LAIC
Passed a nd adopted by the Township of Spring Lake this
,1119n( v
Attest
1`owns: p Clerk ttss'Cha::..an
VILLAGE OF PP.IOR LAIC -
Passed and adopted by the Village of Prior Lake thi
day or A 0 ,z 1972 .
.� J�71
Village Cl 01 az3 Xayor '
THIS AG7L:_ _rST made as of this 11th day cf
between the CITY OF PRIOR *,`E, a i:.nesotc runic pal cc.porat_or.
( "City ") and SPRING LU.F E a uinnescta political
subdivision ( "Tc;�nship ").
REC -A :,S
WHEREAS, City and cwrs are parties tc a Jcino Pese:ut_cn
as to Grderly Anne L_cn dated
Agreement ") ; and
WHEREAS, City and Tow; :sh.p desire to anend said Existin;
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ASree ent only as it applies to the fol_ow:nc described proper
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( "Subject Property"):
That part c the Wes` wall c_ the Nort "neast Quarter of Secti.,n
11, TCWnshlp 114, Range 22,. -y-ng northea Ste r1Y e_ the canter
line of M'ushtcwn Road, S cOtt County, M:.nesOta, CC%sisting C:
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approximately 69.82 acres (see Annexation Site attached 'r %ereto
i as Exhibit "A").
NOW, THEREFORE, the parties agree as
1. The parties agree t the S_b, °ct trop -Pity s ^a_ to
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detached from the Tou;;sh'_p and an.. =xed to the Ci y purs'..ant _c a
Joint Resolu attached i' - e`et0 any= 1%c0rp0rat? �er?1'1 as EX lilt
M -w
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2. The real estate taxes payable on the Subject Property in
1991 shall be retained by the Township. In consideration of t: ^.e
loss Of future taxes, on Cr before Dece:be= '3., 1991,
shall pay the Township $2,000.00.
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r04/11191
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3. The City shall maintain, at no ccst to the Tcwnship, the
segment of Xushtewn Fcad c;,ntai; ec' the *c.th Na_: cf Sect_cn l
Township 114, z_a ce GL. Ma inl.enan f _ - e i ncludes, ul._ -_e=
to, tree trimminc, 5U: fa. i ^C 'a:_'I cr.:shed 1f7estcne, s_ ::inc C''�s
control, and Sno;i nlcwinc. T:'e T'J:1 5,^ Shy -� , hcweve- be
responsible fcr crad:na. Before the C:tv allows any driveways cr
street access frcm the Subject .rcperty onto uushtown ..cad, t`e
City shall over lay wit` a bit'.- ,,'_ncus surface that part cf mushtc'N
Road des: ;- abcva that 4s c surface w_tf1 gr?vel. 7;;e
design for the irprovement shall ce deter-mned the City. :he
Township shad reimburse the City its cost to everiay that section
of Mushtown Roed in the Township. The payment to the City shall be
due, without interest, eight (8) years afte the overlay has - ee - :
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couple *red..1 however, the City annexes that segment of roadway
into the City before the reimburse -e;._ payment is due, no
reimbursement shall ce required. The required reimoursement, if
any, shall not exceed ;0,000.00.
4. if subsequent to t.ie initial, overlay i-mcrovement required
to be constructed by the Cl --y :=suan: to pc. =...3 _cove the
Parties determine that another i:ncrove-ent pro "act is necessary,
and if at that ti.,:e t; ^,e segment of road way to be imnrove�f 1 =es in
part in the City and in part in the Township, the parties shall
negotiate a joint powers agreement to construct the impsovemer.t.
The agree-ment shale prove -e that she T.,wr.sh_p shall assess the
benefitted property in t!:e 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 al lc'. unccn.ditior,al drivew'av aczess
each building site in o„tc t. a secure o , !.sh
Roar ._thin the Ci`y c: a_n�__r,ed by C_ .�• -= _ e .ow__�
i app.cVes cCnstr'.:ctiCn of new rced'way t::a't nterseC :s
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Scy ^ S8 ^` Of -tcw'n Bcard in t . he City ..he - .4 csi= of - :�e inte.-
section must .':,e approved by �,cth the City and the TO'w—sh_, .
i 6. Within thirty (30) days after both sarties have s_ eo
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this A;ree:;,ent, the C1`V S -all re_;,'UrSa
the 7c 105 C.^StS
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incurred in ne';Gt_atinO th_s , _n 2 t ` _
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$1,500.00 (said sum inc?udinC _`ee5 inc,
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7, Except as herein spec_fica_ly prcvided, all c - er ter
conditions, and /or provisions of the Existing Agreement remain in
full force and effect.
CITY 07 :Cry Llt:�
BY:
Its :favor
�S
3Y: _
Its Chairperson
AND
car --ara bane Johnson, Cie_:{
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Lq
SS.
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T• :e for eco l mc ? nstrument wa s a cknc•w -edge �", °f^,`° '1` '• _c
n.
dd�J C` 1GC_ iY T Ala n,
r r Dav_u
-a Va'ZCr and City Xanacer Gr `".e C:tv C
_ ricr :.,axe, esota al c:, r: or aticn, e- ocna.. cf tn�
cor =oraticr) and Purs: ant to the author_ty c - a.,ted cy i ts Ci y
NOTARY
JTnT... 01 v:-N i.,SOTA )
{ SS.
COUNTY OF SCOTT )
The foregoing in,stru„ent was acknowledged be-fore me this
day of , 1991, by and
3artara Kane :chnsen, respectively the Chairperscn an,: Clerk o:
$Cring T2 TC'.Jnship, a Minnesota pol i tical sUCdlvis1C11, on 4t5
:cehalf and Pursuant to authority granted by its ^c «n zoarc.
DD.r? .: D BY:
CamcDe> l , 'Knutson, ScCt t
& F '-'ChS ?.
3,60 k'ashincLcn Drive, Suite 202
{012) 4�6 -5539 '
Tv.:
CC.'r ^_ R- �OLL'T =CN I OR y O= .DER :Y �ti`,'_ :� =.T =CN
r J 0
PL CSL ? ?iT To M7.1� l-SO- S - , ". - '_S
TO: Minnesota Munic,=al "Boar
165 Metro Sc°.:are Bui_dlna
St. Paul, Mil 55:01
Pur$L'alit t0 an ile. ^.dent t0 �0= ,te5vllltl0n as t Crderl'l
"nexation between the City of Prior Lake ("Ci_., tt an d S -
Lake TCw715hip ( owns ::i . � 111 , the r.
City and t^ Tcw ns_p :ere'-- v
jC_nt1�J agree t-at t'-
- e Resolution as to OrCe_r_V r'-. nex - -n
between t he City and the Tcwnship be amended with res-ect to th_
following described property, to include the followinc:
Both the City and th Township agree that no alteration of
the stated boundaries of the icint Resolution as to Orderly
Annexation between the parties dated Novem 20, 1972, is
appropriate. Furthe_more, both parties have entered into an
Amendment to the existing Agreement made as cf ,
1991. Both parties agree that no consideration by ti-
M Munic B oard ( "Board" is necessary. U: c-
"eece' pt Of th_s ReSClutiOi', the Bo ard may r eview a nd C,^. ^.,ae. ^.',
but shall, within 30 Gays, order the annexation ci -::e
followinc described property in accordance with t`.e terms of
the amendment to the Joint Resolution:
T =%.T PART OF THE WEST ALF Or THE NORTH -AST
QUARTER Or SSC'_^ION 11, TOWNI SHIP 11Y, RANGE 22,
SCOTT COUNTY, MINNSCTA, LYING NORTH =AST^RLY
0. T::.., SO Tr.WEST7-RLY : _1nT -C: -WAY L IN C'
M CSHTOWN. :?OAD, CONSISTING C: r%?RG= LY 71
Approved by the City of Prior Lake t: ^is day of
1?91,
Mayor
C1 Manager
=_pproved by Spring Lake Township t:Zis day of
1991.
Chairperson
Clerk