City Council Resolution 2015-21OA -1061 Monticello City /Monticello Township Joint Agreement
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2015-021
ANNEXATION RESOLUTION OF THE CITY OF MONTICELLO
IN ACCORDANCE WITH THE ABOVE- REFERENCED JOINT AGREEMENT BETWEEN
THE CITY OF MONTICELLO AND MONTICELLO TOWNSHIP, DATED JUNE 21, 2004
DESIGNATING CERTAIN PROPERTY LOCATED IN THE ORDERLY ANNEXATION
AREA (OAA) OF MONTICELLO TOWNSHIP AS IN NEED OF IMMEDIATE ORDERLY
ANNEXATION PURSUANT TO MINNESOTA STATUTES, SECTION 414.0325
WHEREAS, the City of Monticello (hereinafter the "City ") and Monticello Township (hereinafter
the " Township ") entered into a Joint Resolution for Orderly Annexation on June 21, 2004, and revised
May, 2005, describing the procedures and process for future orderly annexation of certain designated
areas of the Township, referred to as the "Orderly Annexation Area" (OAA), for the purpose of orderly,
planned growth and annexation, pursuant to Minnesota Statutes, Section 414.0325; and
WHEREAS, the above - referenced Joint Resolution for Orderly Annexation between the City and
Township has been previously filed with the Department of Administration and is referenced as
Department of Administration File No. OA -1061 Monticello /Monticello Township Joint Agreement
(hereinafter the "Joint Agreement "); and
WHEREAS, the above - referenced Joint Agreement provides that any land within the OAA
designated therein may be annexed by the City at any time if the City receives a petition from
annexation from 100% of the property owners of an individual parcel of land contiguous to or abutting
the City (See, Joint Agreement at Paragraph 2.a.); and
WHEREAS, the area legally described herein and designated for immediate orderly annexation is
located within the OAA described in the Joint Agreement and said property is contiguous to the City; and
WHEREAS, on March 3, 2015, in accordance with the Joint Agreement, the City received
the requisite property owner petition for annexation from David and Mary Spike, constituting 100%
of the property owners in the area designated herein for orderly annexation to the City; and
WHEREAS, the City has capacity to provide municipal services to the property designated
herein for orderly annexation following annexation thereof; and
WHEREAS, the area designated and legally described herein for immediate orderly annexation
and extension of municipal services is urban or suburban or about to become so; annexation is the in the
best interests of the City, Township and property owners; and annexation thereof would benefit the
public health, safety and welfare of the entire community; and
WHEREAS, having met all the triggering conditions for orderly annexation of the area legally
described herein contained in the Joint Agreement for property located in the OAA, the City may
adopt, execute and file an "Annexation Resolution" so providing for immediate annexation of the area
designated herein (See, Joint Agreement at Paragraph 13); and
WHEREAS, in accordance with Paragraph 13 of the Joint Agreement, annexation of the
area designated herein pursuant to the Joint Agreement does not require a hearing or any
consideration by the State Department of Administration and is not subject to objection by the
Township.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello,
Wright County, Minnesota, as follows:
This Resolution constitutes the City's written notice to the Township of an event
triggering annexation as provided in the above- referenced Joint Agreement and
shall be referred to as the "Annexation Resolution" as provided in Paragraph 13 of
the Joint Agreement.
2. The area designated herein for orderly annexation is legally described in Exhibit
A which is attached hereto and incorporated herein by reference.
A boundary map showing the area designated herein for orderly annexation is
attached hereto and incorporated herein by reference as Exhibit B.
4. T he property owner petition from David and Mary Spike dated February 24,
2015, constituting the requisite triggering event for annexation of the area
legally described in Exhibit A in accordance with the Joint Agreement, is
attached hereto and incorporated by reference as Exhibit C.
5. The above - referenced Joint Agreement between the City and Township,
providing the conditions for annexation of the area legally described in Exhibit
A is attached hereto as Exhibit D.
6. The area legally described in Exhibit A and designated as in need of
immediate orderly annexation contains 10 acres.
7. The population of the area legally described in Exhibit A and designated as
in need of immediate orderly annexation is zero.
In accordance with Paragraph 13 of the Joint Agreement, the Department of
Administration may review and comment on this Annexation Resolution, but
shall within thirty (30) days of receipt of this Annexation Resolution and a copy
of the above - referenced Joint Agreement (attached as Exhibit D), order the
annexation of the area designated in this Annexation Resolution and legally
described in Exhibit A in accordance with the terms and conditions of the above -
referenced Joint Agreement. No alteration of the stated boundaries as described in
this Annexation Resolution is appropriate, no consideration by the Department of
Administration is necessary, and all terms and conditions for annexation have
been met as provided for in the Joint Agreement.
9. Upon the annexation of the area designated herein for orderly annexation and
legally described in Exhibit A, the City shall reimburse the Township for the loss
of taxes from the property so annexed in accordance with the following (See,
Joint Agreement at Paragraph 6):
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
times the property taxes distributed to the Township in 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 year following the year when the City could first levy on the
annexed area.
10. Following annexation of area designated herein for orderly annexation, the City shall be
responsible for providing municipal government services to the annexed area in
accordance with Paragraph 7 of the Joint Agreement.
11. This Annexation Resolution is made pursuant to, and shall be construed in accordance
with the laws of the State of Minnesota and the above - referenced Joint Agreement.
12. Upon adoption and execution of this Annexation Resolution by the City, the City shall
file the same with the Township and Department of Administration Municipal Boundary
Adjustments Office along with the required filing fee.
13. In the event there are errors, .omissions or any other problems with the legal descriptions
or mapping provided in Exhibit A or Exhibit B, in the judgment of the Department of
Administration Municipal Boundary Adjustments Office, the City shall make such
corrections and file any additional documentation, including a new Exhibit A or Exhibit
B, making the corrections requested or required by the Department of Administration as
necessary to make effective the annexation of said area.
ADOPTED BY the City Council of the City of Monticello, Minnesota this 23rd day of March,
2015.
CITY OF MONTICELLO
Brian Stumpf, Mayor
ATTEST:
JefftWill, City Administrator
EXHIBIT A
The area designated in the Annexation Resolution and shown on Exhibit B is legally described
as follows:
LEGAL DESCRIPTION (10 -acred parcel from PID # 213 - 100 - 103300)
(per Official Land Sunvey )
The North 544.51 feet of the West 799.29 feet of the Southwest Quarter of the Southwest
Quarter, Section 10, Township 121 North, Range 25 West, Wright County, Minnesota.
Subject to easements of record.
EXHIBIT B
The boundary map referenced in the Annexation Resolution showing the area designated for
orderly annexation and legally described in Exhibit A is attached hereto.
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EXHIBIT C
The property owner petition initiating this Annexation Resolution pursuant to the Joint
Agreement between the City and the Township is attached hereto.
CITY OF
����- Mon�ioeno
Property Owner Name(s): David and Mary Spike
Property PID(s): 213100103300
CONTACT INFORMATION
Name: Xcel Energy -- Sean Lawler
CITY OF MONTICELLO
PETITION FOR ANNEXATION
Mailing Address: 414 Nicollet Mall, MP -7B
City/St/Zip: Minneapolis, MN 55401
Phone: 612- 330 -1956 E-mail: sean.w.lawler@xcelenergy.com
To the Council of the City of Monticello, Wright County, Minnesota:
I, the u ndersignedg the owner of the property described below, hereby request the City Council of
the Monticello, Minnesota, to annex this area to the city and to extend the city boundaries to
include the same, and for that purpose respectfully state:
I . The area to be annexed consists of 10 acres. All of this land lies entirely within the
County of Wright, Minnesota, and the official legal description of such land is as follows (or
attach):
The North 544.51 feet of the West 799.29 feel of the Southwest Quarter of the Southwmt
Quarter, Section 10, Township 121 Nom, Range 25 West, Wright County, lb+!'
2. The area described above abuts upon the city limits at the south boundary thereof, and
none of it is presently included within the corporate limits of any incorporated city.
3. All' of this area is contained within the Monticello Orderly Annexation Area and/or is
about to become urban or suburban in character.
PROPERTY OWNER(S):
Date Signature
& iT4 -15
Date
OUJOeI
Title
E QVIE
EXHIBIT D
The Joint Agreement between the City and the Township resulting in this Annexation
Resolution is attached hereto.
A-6979 Mondeello /Monticello Township
STATE OF MINNESOTA
DEPARTMENT OF ADMINISIRAT10N
IN THE MATTER OF THE PETITION FOR )
THE ANNEXATION OF CERTAIN LAND ) JOINT RESOLUTION
TO THE CITY OF MONTICELLO PURSUANT )
'r0 MINNESOTA STATUTES, SECTION 414.031)
°1°tM kr- RRF.MFNT PREVIOUSLY SIGNED _BY_THE CITY AND TOWNSHIP OF
JOINT RESOLUTION FOR ORDERLY ANNEXATIO N
BY AND BETTE
g4. MONTICELLO TOWNSHIP ANI
A -6979 MONTICELLO/MONTIQELLO 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
WI-ffiREAS, 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:
I . Description of Area Designated for Orderly Annexation. The area of the Township
located within the area marked on the map attached hereto as ExhibitA 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 am 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
east 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 Trigeerlag Events for Annexations. Notwithstanding Paragraph 3 of this
Joint Resolution, any land within the OAA (see Exhibit A and Exhibit 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 owners) 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;
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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
fixture 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, or easements are needed for a public works improvement project
designed to provide sanitary sewcr pumping and conveyance facilities, water
supply, water storage or wafter 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 "Hidden Forest" shall be considered to be, contiguous to the City.
3. Zoning and Planning. For any areas of the Township in the CAA 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.
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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 V- —
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 JPB 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 bright
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 aver 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 Resolutions, 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.
Th® 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 superinajority vote (4 out of 5 members) of the JPB. The Township shall
not zone, rezone, plat, re -plat, subdivide, or rc- subdivide within the OAA
between the time of development of this Joint Resolution and the effective date
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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.
1. Each member serving on the JPB sW1 serve a period of one year ending
Deoemba 31. A term on the JPB may be extended, by action of a member's
respective governing body.
j. The 213 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 wader 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 -lave 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. Adopt and Enforce RIgulg2ris. The City and Township agree to enact, adopt, and
strictly enforce all such resolutions, ordinances, or regulations, as may bo or shall be
necessary to give full effect to the stipulations contained in this Joint Resolution.
6. 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. Tbereafter, the City will no longer reimburse the Township. The City shall
make payment as contemplated herein no later than December 31 of the first
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year fallowing the year when the City could first levy on the annexed area and
for any subsequent years.
7. Provision of Services. Aficr annexation of land located within the OAA, the City shall be
responsible for providing municipal goveznmental 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 (S) 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 remmairdng in the Township that abut the City trunk sewer
and /or water line extended shall not be charged any bunk sewer or water line charges,
fees or assessments by the City for the trunk sewer and/or water line abutting said
properties until said propertied 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 dander this
Paragraph are provided to the annexed property by the City.
In order to act under this Paragraph, the Township shall make are 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 se ice available to an area annexed under the terms of this Joint Resolution.
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Every Annexation Resolution adopted sander 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.
S. 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.
9. liaLa2ilds. 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 Annexgign, Outside the QAA. 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 Dopantment 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 terns of this Joint Resolution.
11.11 'on 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
expandod 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 tho 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.
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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) clays 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 now Amended Exhibit A, Amended Exhibit 13, and
Amended Exhibit C. which shall replace the E_ xhibit A, Fxhibit B, and ExWbit C filed
with fhis Joint Resolfltion, silnnn .�4H a 1.+. :' describing
-� ►• -�••• +. �U�r So PI— LOr'iuii ii1G iiGijL15113ienIS LQ
each section of the OAA and referencing this section of this Joint Resolution.
12. With w Contested Case Petition. The City agrees to withdraw its pending annexation
petition, File No.A- 6979, as soon as practicable after execution and filing ofthis Joint
Resolution with the State
13. No Hearing Required. A11 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 =cxation 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. Disvutes and Rernediog. Subject to Paragraph 3, the City and Township agree as follows:
a. Negotiation, Whcn a disagreement over interpretation of any provision of this
Joint Resolution shall arise, the City and the Township will direct staff
members, as they deern appropriate, to meet at least one (1) time at a mutually
convenient time and place to attempt to resolve the dispute through
negotiation.
b. Miation/Arbitration. When the parties to this Joint Resolution are unable to
resolve disputes, claims or counterclaims, or are unable to negotiate an
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interpretation of any provision of this Joint Resolution, the parties may
mutually agroo in writing to seek relief by submitting their respective
grievances to mediation and/or binding arbitration.
c. Adjudication. 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 comas 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], 2025.
16. Governing law. This Joint Resolution is made pursuant to, and shall be construed in
accordance with the laws of the State of Minnesom
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, Severability. 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. Headings and Caption. Headings and captions are for convenience only and are not
intended to alter any of the provisions of this Joint Resolution_.
z
20. Entire Agrecrnent. 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. Notict. Any notices required tinder the provisions of this Joint Resolution shall be in
writing and sufficiently given if delivered in person or sent by U.S. [nail, 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 Town ' 'oard 0' Su rvisors of the Township of
Monticello, Wright County, Minnesota, this day of , 2005.
TOWNSFUP OF MONTTCELLO
Franklin Denn. Chair
ATTEST:
Nancy Kopf, , Towns 'p erk
Passed, adopted, and approved by the City Council of the City of Monticello, Wright County,
Minnesota, thisa4"- day of , 2005.
CITY OF MONTICELLO
By:
C int Herbst, Mayor
ATTEST:
0.'u U/
&Zg�
Rick Wolfsteller City Administrator
Passod, adopted, and approved by the Wright County Board of Commissioners, Wright
County, Minnesota, thisjffi day of $2005.
WRIGHT COUNTY
ATTEST:
m �
Richald W. Normank,!UyCoordinator
11
Ar`A .,.
Exhibits A, Band C shall be amended to create a straight line as the southern boundary of
the Orderly Annexation isc within Exhibit B asfollows-
For amending the legal
descriptions of property included
L nds In Townshi 121 Range 24 Wrijght Coen Minnesota:
Alter the final paragraph of this section to eliminate the phrase "and all of Governmenfi
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
The municipal boundary map referenced in Paragraph 1 of the attached .joint Resolution showing
the current City of Monticello and the Off► legally described in E&hibit B. is attached hereto.
13
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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 12.1, 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 Highway 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 Quarters the east -half of the Northeast Quarter of the Northwest Quarter
and the north -half of the Southeast Quarter, all 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 State Trunk
Highway No. 25.
And also that part of Section 23, Township 121, Range 25, Wright Count, Minmesota lying
southerly of the existing City of Monticello corporate limits.
And also that part of 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 121, Lange 25, Wright County, Minnesota.
And also the north -half of Section 26, Township 121, Range 25, Wright County, Minnesota.
And also that part of the north -half of Section 27, Township 121, Range 25, Wright County,
Minnesota, lying easterly of State Trunk Highway 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, Mmi esota, 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 Country, 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 of the north-half of section 30, Township 121, Range 24, Wright County,
Minnesota.
Lands in Township 122, lunge 25, Wright County, Minnesota:
The cast -half of the Southeast Quarter of Section 30, Township 122, Range 25, Wright County,
Minnesota.
And also the Northeast Quarter of the Southeast Quarter and the east -half 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, Mitmesota, 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.
EXHIBIT C
The OAA section map rcfcrenced in Paragraph 11 of the attached Joint Resolution, showing the
sections of the OAA in the Township for purposes or expansion is attached hereto.
16
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CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I hereby certify that the foregoing is a true and correct copy of Resolution #2015 -021
duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on
March 23rd, 2015, and recorded in minutes of said meeting.
� gvj--��
Kerry Burri, In rim City Clerk
Notary Public: r,°r
Date: q 00/��
VICKI JAN LEERH®FF
N®tary Public-Minnesots
r my commldsion �xplros Jan 39,209®