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City Council Resolution 2020-17ANNEXATION RESOLUTION NO. 2020-17 CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA RESOLUTION FOR ORDERLY ANNEXATION OF LAND TO THE CITY OF MONTICELLO WHEREAS, Monticello Township (the "Township") and the City of Monticello (the "City") have entered into an orderly annexation agreement dated June 21, 2004, as amended June of 2005, identified by Minnesota Department of Administration File No. OA -1061 ("Agreement"), attached hereto as Exhibit "A"; and WHEREAS, that Agreement provides that if the terms and conditions have been met as contained in the Agreement, the Township shall not object to an annexation initiated by the City filing an Annexation Resolution with the Department of Administration; and WHEREAS, the Agreement states, in part, that no consideration by the Department of Administration, or its successor agency, is necessary, and that all terms and conditions for annexation are provided in the Agreement; WHEREAS, the Agreement designates, in part, pursuant to Paragraph 13, No Hearing Required, that the City shall provide to Township a written notice of annexation and this Annexation Resolution, and the Department of Administration may review and comment within thirty days of receipt of this Annexation Resolution and the Agreement, and order the annexation of the area designated in this Annexation Resolution in accordance with the Agreement. WHEREAS, the Agreement designates, in part, the following area as in need of orderly annexation: That part of the East Half of the Southwest Quarter of Section 15, Township 121, Range 25, Wright County, Minnesota described as follows: Commencing at the southeast corner of said East Half of the Southwest Quarter; thence on an assumed bearing of North 0 degrees 05 minutes 54 seconds East along the east line of said East Half of the Southwest Quarter, a distance of 1170.18 feet to a point hereinafter referred to as Point A; thence return South 0 degrees 05 minutes 54 seconds West along said east line of the East Half of the Southwest Quarter, a distance of 1170.18 feet to said southeast corner of the East Half of the Southwest Quarter; thence North 88 degrees 55 minutes 04 seconds West along the south line of said East Half of the Southwest Quarter, a distance of 319.67 feet to the southeast corner of the West 1000.00 feet of the East Half of the Southwest Quarter being the point of beginning of the land to be described; thence continue North 88 degrees 55 minutes 04 Page 1 of 3 206042v1 seconds West along said south line, a distance of 80.14 feet; thence North 0 degrees 05 minutes 47 seconds East, a distance of 514.05 feet; thence North 35 degrees 48 minutes 04 seconds West, a distance of 93.37 feet; thence North 0 degrees 05 minutes 47 seconds East, a distance of 65.87 feet; thence North 35 degrees 05 minutes 19 seconds East, a distance of 95.47 feet; thence North 0 degrees 05 minutes 47 seconds East, a distance of 436.41 feet to the intersection of a line bearing North 88 degrees 55 minutes 04 seconds West from said Point A; thence South 88 degrees 55 minutes 04 seconds East, a distance of 80.12 feet to the east line of said West 1000.00 feet of said East Half of the Southwest Quarter; thence South 0 degrees 05 minutes 47 seconds West along said east line, a distance of 1170.18 feet to the point of beginning. ("Land"); and WHEREAS, upon annexation of the Land, the City shall reimburse the Township for the loss of taxes from the property so annexed, as outlined in Paragraph 6, Tax Reimbursement, of the Agreement; WHEREAS, other than the payment of taxes, the necessary criteria for annexation of the Land pursuant to the Agreement have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello that the Land is hereby annexed into the City. Annexation is conditioned on the Land connecting to City municipal services. BE IT FURTHER RESOLVED that Resolution No. 2020-17 of the City of Monticello is hereby repealed. ADOPTED this 27" day of January, 2020, by the City Council of the City of Monticello. CITY OF MONTICELLO By `J Mayor Brian u p ATTEST: Amu?, VV rJOL V - Clerk Jennifer Schreiber Page 2 of 3 206042v1 EXHIBIT "A" TO RESOLUTION NO. 2020-17 See attached Agreement Page 3 of 3 206042v1 A-6970 Monticello/Monticello Township STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND ) JOINT RESOLUTION TO THE CITY OF MONTICELLO PURSUANT ) TO MINNESOTA STA,rUTES, SEC'T'ION 414.031) THE AGREEMENT PREVIOUSLY SIGNED BY THE CITY AND TOWNSHIP OF MONTICELLO ON JUNE 21.2004 IS HEREBY AMENDED BY JOINT ACTION OF BOTH PARTIES AND THE COUNTY OF WRIGHT. ALL CHANGES TO THE PREVIOUS AGREEMENT ARE CONTAINED WIT14IN THIS NEW AGREEMENT. J01NT RESOLUTION FOR ORDERLY ANNEXATION BY AND BETWEEN M_ONTICELL0 TOWNSHIP AND THE CITY OF MONTICELLO IN SETTLEMENT OF MINNESOTA DEPARTMENT OF ADMINISTRATION FILE NO. A-6979 MONTICELLO/MONTICELLO TOWNSHIP WHEREAS, the City of Monticello filed an annexation petition, dated October 13, 2003, with the Minnesota Department of Administration Municipal Boundary Adjustments Office (File No. A-6979 Monticello/Monticello Township) seeking annexation of certain areas located within Monticello Township pursuant to Minnesota Statutes, Section 414.031; and WHEREAS, Monticello Township and the City of Monticello have been working toward settlement of their boundary dispute and have reached a settlement agreement believed to be in the mutual best interests of both parties; and WHEREAS, the City of Monticello (hereinafter the "City") and Monticello Township (hereinafter the "Township") desire to enter into an agreement allowing for the orderly annexation of certain property, pursuant to Minnesota Statutes, Section 414.0325; and WHEREAS, the City and Township are in agreement to the procedures and process for orderly annexation of certain lands described herein for the purpose of orderly, planned growth; and WHEREAS, the City and Township have agreed to work cooperatively to accomplish the orderly annexation of the areas legally described herein; and WHEREAS, the City and Township agree that orderly annexation and extension of municipal services to those areas designated herein that are urban or suburban or about to become so is in the best interests of the City, Township and property owners and would benefit the public health, safety and welfare of the entire community; and WHEREAS, for the areas designated herein, the City and the Township desire to accomplish the orderly annexation of said areas in a mutually acceptable and beneficial manner as urban development occurs and without the need for a hearing; and WHEREAS, the parties hereto desire to set forth the terms and conditions of such orderly annexation by means of this Joint Resolution in settlement of the above -referenced contested case matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello and the Township Board of Supervisors of the Township of Monticello as follows: Description of Area Designated for Orderlv Annexation. The area of the Township located within the area marked on the map attached hereto as Exhibit A is deemed by the parties to be properly subject to orderly annexation under and pursuant to Minnesota Statutes, Section 414.0325. The parties hereby designate this area for orderly annexation as provided by conditions for annexation set forth in this Joint Resolution. The area designated herein for orderly annexation, as shown on Exhibit A. shall be referred to for case of reference as the "Orderly Annexation Area" ("OAA"). The City may annex, at any time after the execution of this Joint Resolution, land located within the OAA, in accordance with the terms and conditions stated herein for annexation and in accordance with Paragraph 13 of this Joint Resolution. The designated area shown on the attached map as Exhibit A is legally described in Exhibit B, both of which exhibits are attached hereto and incorporated herein by reference. 2. Conditions and TriagerinQ Events for Annexations. Notwithstanding Paragraph 3 of this Joint Resolution, any land within the OAA (see Exhibit A and Exhibit B) may be annexed by the City, in accordance with Paragraph 13 of this Joint Resolution, under any of the following circumstances: a. The City receives a petition for annexation from 100% of the property owners of an individual parcel of land contiguous to or abutting the City; b. The area is completely surrounded by the City, except that this provision may not be used to annex the subdivisions named in this subparagraph 2.b. (Devron Green, the Dunes, Glendale, Monticello Acres, Ponderosa, Prairie Acres, O.K. Coral Ranchette, Riverside Acres, Tyler East, Walesch Addition, and Walesch 2nd Addition, as said subdivisions are recorded in the Wright County Recorders Office on the effective date of this Joint Resolution) for a period of ten years following the effective date of this Joint Resolution; c. The City or property owner(s) is ordered by the State Pollution Control Agency or Department of Health to provide sewer or water service to a portion of the Township for the protection of the public health and safety and/or because of immediate environmental concerns; 2 d. The City decides to add an arterial or collector road to its Municipal State Aid street system, but only to the extent of the right-of-way needed for the road, and provided, however, that any costs associated with installation of these roads will not be assessed to Township residents by the City, nor deferred until future annexation of the property, unless different arrangements are otherwise agreed to by the City and a property owner; e. The City, with Township approval, determines by resolution that land, right-of- way, ightof- 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. The City's statutory condemnation authority shall not otherwise be limited by this provision. With respect to Wright County Ditch 33, notwithstanding the foregoing, Township approval shall not be required for a stormwater project under this provision should Wright County otherwise approve the project or convey Ditch 33; f. In the case of platted residential subdivisions, the City receives a petition from a majority of property owners, either in a given contiguous area, or a block in a platted residential subdivision, or from the entire subdivision, for annexation and/or provision of sewer or water services. g. A licensed inspector retained by Wright County determines that at least 30% of the individual sewage treatment systems or individual wells within a platted residential subdivision or neighborhood or block in such a subdivision are failing or are not meeting state drinking water standards; or h. The City and Township otherwise jointly agree in writing. For purposes of this Joint Resolution land shall be considered to be contiguous to, abut, abuts, or abutting the City where the boundaries of said land or area to be annexed at least touch the City boundary at a single point, including areas whose boundaries would touch the City boundary at a single point but for an intervening roadway, railroad, waterway, or parcel of publicly owned land. Further, due to actions pending at the time of this agreement, the proposed residential subdivision known as "I idden Forest" shall be considered to be contiguous to the City. 3. Zoning and Planning. For any areas of the Township in the OAA that are not annexed pursuant to this Joint Resolution, planning and zoning authority as specified herein within the OAA shall be governed by a 5 -member Joint Planning Board (JPB) described as follows: a. The JPB shall be made up of two members appointed by the Township Board, two members appointed by the City Council, and one member of the Wright County Board appointed by the Wright County Board of Commissioners. 3 b. The JPB shall serve as the "governing body" and "board of appeals and adjustments" for purposes of Minnesota Statutes, sections 462.357 and 462.358 within the OAA and shall have all of the powers contained in sections 462.351 to 462.364, except as otherwise provided by this Joint Resolution. c. The Wright County Planning and Zoning Office shall serve as staff and advisors to the JPB, unless otherwise determined by the JPB. The JPB may, at any time, also consult with City staff as it deems necessary to effectively carry out its duties and responsibilities. The costs of administration of the JPB shall be paid equally by the City and "Township. Any remuneration (per diem) paid to members serving on the JPB or retaining consultants to provide services to the JPS shall be approved and equally paid by the city and township. d. The JPB will set the schedules for necessary zoning and planning fees in the OAA. The fees shall be consistent with the fee structure used by Wright County, unless otherwise determined by the JPB. e. Except as otherwise provided, any action of the JPB to exercise its authority as specified herein must be preceded by a majority vote (at least 3 out of the 5 members) of the members of the JPB voting on the prevailing side. f. As soon as practicable after execution of this Joint Resolution, the JPB shall review the area included in the OAA, existing comprehensive plans in the City, Township and County, and determine whether the JPB should develop a joint land use plan for the OAA. If a joint plan is developed, the City and Township shall thereafter review and comment on the plan. The City and Township shall consider incorporating the developed plan or plan elements into the City's and Township's respective comprehensive plans. g. The JPB shall require that the existing Township zoning or Wright County zoning, whichever is applicable and more restrictive, in effect within the OAA on the effective date of this Joint Resolution, remain in full force and effect and unchanged during the term of this Joint Resolution, unless said area or portion thereof is either first annexed or said zoning change is otherwise approved by a supermajority vote (4 out of 5 members) of the JPB. Any decision by the JPB to zone or rezone portions of the OAA shall be subject to review and comment by the City and Township prior to such zoning or rezoning becoming effective. The JPB shall give the City and Township at least 30 days to review and comment before making a zoning or rezoning decision. The City or Township shall waive its right to review and comment if it fails to review and comment within the specified period provided herein. The JPB shall not approve a subdivision within the OAA unless first approved by a supermajority vote (4 out of 5 members) of the JPB. The Township shall not zone, rezone, plat, re -plat, subdivide, or re -subdivide within the OAA between the time of development of this Joint Resolution and the effective date 4 of this Joint Resolution, unless otherwise agreed to in writing by the City. For the purposes of this paragraph, "subdivision" shall not include building entitlement transfers for agricultural lot splits and property transfers between family members under the current Wright County Zoning Ordinance, as adopted by the Township. h. Failure of the JPB to exercise any of its authority as described herein shall not render this Joint Resolution or any other provisions contained herein invalid or unenforceable, and the terms and conditions contained in this Joint Resolution shall otherwise remain in full force and effect and binding upon the parties hereto. i. Each member serving on the JPB shall serve a period of one year ending December 31. A term on the JPB may be extended, by action of a member's respective governing body. j. The JPB shall meet monthly or as needed as determined by the JPB members. 4. Merger. Notwithstanding the foregoing, the City and Township shall combine in their entirety under the following circumstances: 1) at such time as the Township and the City adopt a joint resolution so providing; or 2) at such time as seventy-five percent (75%) of the Township, as the Township exists on the effective date of this Joint Resolution, is annexed to the City, whichever comes first. Annexation by the City of the remainder of the Township shall be accomplished in accordance with Paragraph 13. The City shall hire any remaining Township personnel following the effective date of annexation of the remainder of the Township. As soon as practicable following the effective date of annexation resulting in the merger of the City and Township, the City will hold municipal elections for all of the City Council and Mayor positions. 5. Adout and Enforce Regulations. The City and Township agree to enact, adopt, and strictly enforce all such resolutions, ordinances, or regulations, as may be or shall be necessary to give full effect to the stipulations contained in this Joint Resolution. 5. Tax Reimbursement. Upon the annexation of land located within the OAA pursuant to Paragraph 13 of this Joint Resolution, the City shall reimburse the Township for the loss of taxes from the property so annexed in accordance with the following: a. In the year when the City could first levy on the annexed area, the City shall make a cash payment to the "Township in an amount equal to four (4) times the property taxes distributed to the Township in regard to the annexed area in the last year that property taxes from the annexed area were payable to the Township. b. Thereafter, the City will no longer reimburse the Township. The City shall make payment as contemplated herein no later than December 31 of the first 5 year following the year when the City could first levy on the annexed area and for any subsequent years. 7. Provision of Services. After annexation of land located within the OAA, the City shall be responsible for providing municipal governmental services to the annexed area. Sanitary sewer or water services, in the City's discretion, shall be provided to an area annexed with existing or proposed residential development within three (3) years after the effective date of the annexation. Sewer or water services, in the City's discretion, shall be provided to an area annexed with existing or proposed commercial, industrial, governmental or institutional development within five (5) years after the effective date of annexation. In the event that the City extends trunk sewer and/or water lines across a portion of the OAA remaining in the Township in order to serve an area annexed by the City, the individual properties remaining in the Township that abut the City trunk sewer and/or water line extended shall not be charged any trunk sewer or water line charges, fees or assessments by the City for the trunk sewer and/or water line abutting said properties until said properties are annexed by the City and are platted and developed. A failure on the part of the City, not due to circumstances beyond the City's control, to provide either of such sewer or water services within the time period specified following the effective date of annexation may subject the area so annexed to be deemed null and void by resolution of the Township adopted at a regular meeting of the Township, and the Township may thereafter petition the Department of Administration Municipal Boundary Adjustments Office, or its successor agency, for detachment of the area in accordance with Minnesota Statutes, Section 414.06. The City shall not oppose the Township's petition for detachment provided it meets the conditions contained in this Joint Resolution. As an alternative to initiating a detachment proceeding, the Township may elect, by resolution adopted at a Township Board meeting, to have the City reimburse the Township for taxes lost on the applicable property annexed by the City at the Township's tax rate applicable in the year of annexation until the services required under this Paragraph are provided to the annexed property by the City. In order to act under this Paragraph, the Township shall make an election by resolution at a meeting of the Township Board to either; 1) initiate a detachment proceeding, or 2) seek tax reimbursement as provided in this Paragraph, and provide notice to the City of the election, within ninety (90) days of the City's failure to provide said service as required under this Paragraph, or the Township may only seek tax reimbursement as provided in this Paragraph and waives the election to initiate a detachment proceeding under Section 414.06. For purposes of this Paragraph, the City will be deemed to have met the obligation to provide sanitary sewer or water service to an annexed area if within the timeframes specified herein following an annexation of an area, the City awards a contract to a contractor to construct a sewer or water service project making municipal sanitary sewer or water service available to an area annexed under the terms of this Joint Resolution. 6 Every Annexation Resolution adopted under Paragraph 13 of this Joint Resolution resulting in the annexation of land located within the OAA shall be treated separately for purposes of compliance with this Paragraph 7. In the event that the City annexes land in accordance with a triggering event contained in this Joint Resolution and said land is identified in the City's comprehensive plan for open space or park preservation, the requirements contained in this Paragraph do not apply to said annexation since the intent is that said areas would remain as open space or park land and would not need City sewer or water service. 8. Township Maintenance of Services. The Township agrees that it will be responsible for normal and regular maintenance of all Township roads, streets, bridges, drainage facilities and other public rights-of-way that it is currently maintaining within the designated OAA prior to annexation thereof. Maintenance of Township infrastructure within the designated OAA by the Township shall be consistent with other standard maintenance practices employed by the Township elsewhere in the Township. Line Roads. For any Township roads that become the boundary line for the City and Township as a result of an annexation, the City shall assume responsibility for road maintenance and improvement for the entire section of the Township road that becomes the boundary line adjacent to the City. 10. No Annexation Outside the OAA. The parties agree that the City will not initiate any annexations outside the OAA while this agreement is in effect. Notwithstanding the forgoing, the City may initiate an annexation under Chapter 414 if the City is ordered by the State Pollution Control Agency or the Department of Health to provide sewer or water service to a portion of the Township for the protection of the public health and safety and/or because of environmental concerns. Further, the City will not file any petitions for a contested case annexation within the OAA or the remainder of the Township outside the OAA during the term of this Joint Resolution, provided that the Township does not seek to incorporate during the term of this Joint Resolution. 11. Expansion of OAA. For purposes of expansion of the OAA under this Paragraph, the OAA designated herein shall be divided into five sections shown on Exhibit C. The individual sections of the OAA as designated in and shown on Exhibit C may be expanded at such time as: 1) 75% of the land (excluding wetlands, the named subdivisions reference in Paragraph 2.b. of this Joint Resolution and lakes) within an individual section of the OAA is annexed; or 2) the City and Township jointly agree to expand a section, whichever comes first. In the event that one or more of the above conditions exists, the City and Township agree that the boundary line of the section of the OAA meeting the condition contained herein shall be expanded outward one-half section along the entirety of that section of the OAA boundary line as it exists at that time. Notwithstanding the foregoing, the City and Township may agree in writing to a different expansion area greater than or less than the one-half section expansion area provided for herein. 7 The City shall notify the Township in the event that any of the conditions stated in this Paragraph exist. Thereafter, the City shall file the appropriate adjustments to the OAA or any section thereof, within ninety (90) days of January 1 of each year that ends in a multiple of three (3) (i.e.: 2006, 2009, 2012...), with the Department of Administration, or its successor agency, including a new Amended Exhibit A, Amended Exhibit B, and Amended Exhibit C, which shall replace the Exhibit A. Exhibit B, and Exhibit C filed with this Joint Resolution, along with a letter so providing describing the adjustments to each section of the OAA and referencing this section of this Joint Resolution. 12. Withdraw Contested Case Petition. The City agrees to withdraw its pending annexation petition, Pile No.A-6979, as soon as practicable after execution and filing of this Joint Resolution with the State 13. No 1-learina Reauired. All annexations contemplated by this Joint Resolution in the OAA shall not require a hearing or any consideration by the State Department of Administration, or its successor agency. The City and Township agree that, upon the occurrence of an event triggering annexation as provided herein for any land located within the OAA, the City shall provide written notice of such occurrence to the Township, and upon receipt of a resolution of the City (referred to as the "Annexation Resolution") describing such area along with a copy of this Joint Resolution, the Department of Administration or its successor agency, may review and comment, but shall within thirty (30) days of receipt of the Annexation Resolution and a copy of this Joint Resolution, order the annexation of the area designated in the Annexation Resolution in accordance with the terms and conditions of this Joint Resolution. The City and Township agree that no alteration of the stated boundaries as described in the Annexation Resolution is appropriate, that no consideration by the Department of Administration, or its successor agency, is necessary, and that all terms and conditions for annexation are provided for in this Joint Resolution. Provided that the requisite terms and conditions have been met as contained in this Joint Resolution, the Township shall not object to an annexation initiated by the City filing an Annexation Resolution with the Department of Administration, or its successor agency. As of the effective date of this Joint Resolution, there is no election requirement in the law to effect or accomplish an annexation. No such election shall be required or apply to any annexation provided herein either now or during any period during which this Joint Resolution is in effect. 14. Disuutes and Remedies. Subject to Paragraph 3, the City and Township agree as follows: a. Neizotiation. When a disagreement over interpretation of any provision of this Joint Resolution shall arise, the City and the Township will direct staff members, as they deem appropriate, to meet at least one (1) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. b. Mediation/Arbitration. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an 8 interpretation of any provision of this Joint Resolution, the parties may mutually agree in writing to seek relief by submitting their respective grievances to mediation and/or binding arbitration. c. Adiudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution or are unable to agree to submit their respective grievances to mediation or binding arbitration, or such action has not otherwise resolved the matter in dispute, 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 Joint Resolution and any other available remedies at law or equity, in the case of a violation, default, or breach of any provision of this Joint Resolution, the non -violating, non -defaulting, or non - breaching party may bring an action for specific performance to compel the performance of this Joint Resolution in accordance with its terms. 15. Termination. This Joint Resolution shall remain in full force and effect until one of the following conditions take place, whichever comes first: a. Termination by mutual written joint resolution of the City and Township; or b. The remainder of the Township is annexed resulting in the merger of the City and Township; or c. January 1, 2025. 16. Governing Law. This Joint Resolution is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota. 17. Modification/Amendment. Except as otherwise provided herein, this Joint Resolution shall not be modified, amended, or altered except upon the written joint resolution of the City and the Township duly executed and adopted by the City Council and the Township Board of Supervisors and filed with the Department of Administration, or its successor agency. 18. Severabilitv. In the event that any provision of this Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Joint Resolution or other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. 19. Headinp-s and Captions. Headings and captions are for convenience only and are not intended to alter any of the provisions of this Joint Resolution. 6 20. Entire AP-reement. The terms, covenants, conditions and provisions of this Joint Resolution, including the present and all future attachments, shall constitute the entire agreement between the parties hereto, superseding all prior agreements and negotiations. This .Joint Resolution shall be binding upon and inure to the benefit of the respective successors and assigns of the City and Township. 21. Notice. Any notices required under the provisions of this Joint Resolution shall be in writing and sufficiently given if delivered in person or sent by U.S. mail, postage prepaid, as follows: If to the City: City Administrator Monticello City Hall 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 10 If to the Township: Township Clerk Monticello Township 8550 Edmonson Ave., NE Monticello, MN 55362 Passed, adopted, and approved by the Township Board of Su rvisors of the Township of Monticello, Wright County, Minnesota, this 10 day of , 2005. TOWNSHIP OF MONTICELLO By: Franklin Denn, Chair ATTEST: Nancy Kopff, Townslip erk Passed, adopted, and approved by the City Council of the City oi` Monticello, Wright Corinty, Minnesota, thiA-"- day of Mom , 2005. CITY OF MONTICELLO (inHerbst, Mayor ATTEST: 0,� wut& Rick Wolfsteller,l City Administrator Passed, adopted, and approved by the Wright County Board of Commissioners, Wright County, Minnesota, this day of /)1"V—, 2005. WRIGHT COUNTY By: Richard Mattson, Chair ATTEST: r Rich4d , W. Norman, my Coordinator EXHIBIT A The municipal boundary map referenced in Paragraph 1 of the attached Joint Resolution showing the current City of Monticello and the OAA legally described in Exhibit B, is attached hereto. 1� EXHIBIT B The OAA shown in Exhibit A and referenced in the attached Joint Resolution is legally described as follows: Lands in Township 121., Range 25, Wright County, Minnesota: All of Sections 5, 9, and 16, Township 121, Range 25, Wright County, Minnesota And also that part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 121, Range 25, Wright County, Minnesota, lying southwesterly of Interstate I lighway No.94. And also that: part of Section 4, Township 121, Range 25, Wright County, Minnesota, lying southwesterly of Interstate Highway No. 94. And also the Northeast Quarter, the east -half of the Northeast Quarter of the Northwest Quarter and the north -half of the Southeast Quarter, al l in Section 8, Township 121, Range 25, Wright County, Minnesota. And also all that part of Section 10, Township 121, Range 25, Wright County, Minnesota lying southwesterly and westerly of the existing City of Monticello corporate limits. And also the east -half of Section 13, Township 121, Range 25, Wright County, Minnesota, except that part which lies within the existing City of Monticello corporate limits. And also that part of Section 15, Township 121, Range 25, Wright County, Minnesota, lying westerly of the existing City of Monticello corporate limits. And also the Northeast Quarter of Section 21, Township 121, Range 25, Wright County, Minnesota. And also all of the north -half of Section 22, Township 121, Range 25, Wright County, Minnesota, and that part of the south -half of said Section 22 lying easterly of Statc 'Trunk Highway No. 25. And also that part of Section 23, "Township 121, Range 25, Wright Count, Minnesota lying southerly ofthe existing City of Monticello corporate limits. And also that part o1'Section 24, Township 121, Range 25, Wright County, Minnesota, lying southerly of the existing City of Monticello corporate limits. And also the north -half of Section 25, Township -1 21, Range 25, Wright County, Minnesota. Arid also the north-hall'of Section 26, Township 121, Range 25, Wright County, Minnesota. 14 And also that part of the north -half ol` Section 27, Township 121, Range 25, Wright County, Minnesota, lying easterly of State Trunk l Iighway No. 25. Lands in Township 121, Range 24, Wright County, Minnesota All of Section 7, 'Township 121, Range 24, Wright County, Minnesota. And also that part of the south -half of Section 8, Township 121, Range 24, Wright County, Minnesota, lying westerly of Government Lot 4 in said Section 8. And also all of the west -half, the west -half of the Northeast Quarter, and the west -half of the Southeast Quarter, all in Section 17, Township 121, Range 24, Wright County, Minnesota. And also Section 18, Township 121, Range 24, Wright County, Minnesota, except that part which lies within the existing City of Monticello corporate limits. And also that part of Section 19, Township 121, Range 24, Wright County, Minnesota, lying southerly of the existing City of Monticello corporate limits. And also the Northwest Quarter, the west -half of the Northeast Quarter, the Northwest Quarter of the Southeast Quarter and the north -half of the Southwest Quarter, all in Section 20, Township 121, Range 24, Wright County, Minnesota. And also all ofthe north -half of section 30, Township 121, Range 24, Wright County, Minnesota, and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30. Lands in Township 122, Range 25, Wright County, Minnesota: '[.'he east -half of the Southeast Quarter oi' Section 30, Township 122, Range 25, Wright County, Minnesota.. And also the Northeast Quarter of the Southeast Quarter and the east -hall' of the Northeast Quarter of Section 31, Township 122, Range 25, Wright County, Minnesota. And also that part of Section 32, 'Township 122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City or Monticello corporate limits. And also that part of the Southwest quarter of the Southwest Quarter of Section 33, Township 122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City of Monticello corporate limits. 1.5 EXHIBIT C The OAA section map referenced in Paragraph 11 of the attached Joint Resolution, showing the sections of the OAA in the Township for purposes of expansion is attached hereto. 16 Exhibits A, B and C shall be amended to create a straight line as the southern boundary of the Orderly Annexation Area. This change is accomplished by amending the legal descriptions of property included within Exhibit B as follows. For Lands in Township 121, Ranee 24, WriLyht County, Minnesota: Alter the final paragraph of this section to eliminate the phrase "and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30." The new paragraph shall therefore read: And also all of the north -half of Section 30, Township 121, Range 24, Wright County, Minnesota. No other changes to Exhibits A, B and C are proposed or adopted herein, and the prior exhibits as amended are included herein by reference. 12