REB~ JAN 1 5 2013

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BY I JAN 1 5 2013 AGREEMENT FOR ORDERLY ANNEXATION BY AND BETWEEN THE CITY OF DULUTH AND THE TOWN OF MIDWAY THIS ORDERLY ANNEXATION AGREEMENT ("Agreement") entered into this 14th day of January 2013 by and between the TOWNSHIP OF MIDWAY, a governmental township under the laws of the State of Minnesota, hereinafter referred to as "Town", and the CITY OF DULUTH, a municipal corporation created and existing under the laws of the State of Minnesota, hereinafter referred to as "City", pursuant to the authority of Minnesota Statutes Section 414.0325 (the "Statute"). WHEREAS, the City and the Town desire to provide for the orderly development of areas of the Town that are or are about to become urban or suburban in character; and WHEREAS, the City and the Town wish to encourage development and extension of services to properties in an orderly manner as the need for and opportunity for further development become prudent and beneficial to the Town,. to the City and to the region; and WHEREAS, the City and Town wish to discourage premature development of rural property in the Town until such time as the that development is appropriate and municipal services are available to ensure that growth occurs in an orderly manner; and WHEREAS, the City and the Town have reached an agreement which is in the best interest of citizens of the City and Town. NOW, THEREFORE, the Town and the City hereby mutually agree to enter into this Agreement for the orderly annexation of property within the Town subject to the following terms and conditions: 1. Description of Area to be Annexed. That the following described areas are properly subject to orderly annexation under and pursuant to Minnesota Statutes §414.0325, and the parties do hereby designate these areas for orderly annexation as provided by statute the "Orderly Annexation Area"): A. That areas set forth on the map attached map hereto as Exhibit A and legally described on attached Exhibit B, hereinafter jointly and severally referred to as "Parcel I". B. That area of the Township which is the subject of litigation which case bears District Court File Number 69DU-CV-12-520 in the District Court of the Sixty Judicial District for St. Louis County, Minnesota and Appellate Court Case Number Al2-1272 in the Minnesota State Court of Appeals, hereinafter referred to as "Parcel II". C. That area set forth on the map attached hereto as Exhibit C and legally described on attached Exhibit D, provisionally including the area described in Subparagraph B above as hereinafter referenced in Paragraph 6 below, all hereinafter referred to as "Parcel Ill". 1 2 1 7 9 9

Transcript of REB~ JAN 1 5 2013

REB~ BY I JAN 1 5 2013 AGREEMENT FOR ORDERLY ANNEXATION BY AND BETWEEN THE CITY OF DULUTH
AND THE TOWN OF MIDWAY
THIS ORDERLY ANNEXATION AGREEMENT ("Agreement") entered into this 14th day of January 2013 by and between the TOWNSHIP OF MIDWAY, a governmental township under the laws of the State of Minnesota, hereinafter referred to as "Town", and the CITY OF DULUTH, a municipal corporation created and existing under the laws of the State of Minnesota, hereinafter referred to as "City", pursuant to the authority of Minnesota Statutes Section 414.0325 (the "Statute").
WHEREAS, the City and the Town desire to provide for the orderly development of areas of the Town that are or are about to become urban or suburban in character; and
WHEREAS, the City and the Town wish to encourage development and extension of services to properties in an orderly manner as the need for and opportunity for further development become prudent and beneficial to the Town,. to the City and to the region; and
WHEREAS, the City and Town wish to discourage premature development of rural property in the Town until such time as the that development is appropriate and municipal services are available to ensure that growth occurs in an orderly manner; and
WHEREAS, the City and the Town have reached an agreement which is in the best interest of citizens of the City and Town.
NOW, THEREFORE, the Town and the City hereby mutually agree to enter into this Agreement for the orderly annexation of property within the Town subject to the following terms and conditions:
1. Description of Area to be Annexed. That the following described areas are properly subject to orderly annexation under and pursuant to Minnesota Statutes §414.0325, and the parties do hereby designate these areas for orderly annexation as provided by statute the "Orderly Annexation Area"):
A. That areas set forth on the map attached map hereto as Exhibit A and legally described on attached Exhibit B, hereinafter jointly and severally referred to as "Parcel I".
B. That area of the Township which is the subject of litigation which case bears District Court File Number 69DU-CV-12-520 in the District Court of the Sixty Judicial District for St. Louis County, Minnesota and Appellate Court Case Number Al2-1272 in the Minnesota State Court of Appeals, hereinafter referred to as "Parcel II".
C. That area set forth on the map attached hereto as Exhibit C and legally described on attached Exhibit D, provisionally including the area described in Subparagraph B above as hereinafter referenced in Paragraph 6 below, all hereinafter referred to as "Parcel Ill".
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2. Municipal Board Jurisdiction. That upon approval by the parties, this agreement shall confer jurisdiction upon the Office of Administrative Hearings (the "Office") as provided for in Subdivision 1. (c) of the Statute so as to accomplish said orderly annexation in accordance with the terms of this agreement.
3. No Alterations of Boundaries. The City and the Town mutually state that no alteration by the Office of the boundaries of those areas designated herein for orderly annexation is appropriate as provided for in Subdivision I (g) of the Statute.
4. Conditions for Annexation. The City and the Town mutually state that this resolution sets forth all of the conditions for annexation of the areas designated herein for orderly annexation and that no consideration by the Office is necessary as provided for in Subdivision 1 (h) of the Statute. The Office may review and comment, but shall, within thirty (30) days, order annexation, subject to the provisions of paragraph 5.
5. Annexation of Tract I of the Orderly Annexation Area. The City and Town mutually state that a majority of the properties in Parcel I of the Orderly Annexation Area as shown on Exhibit A and legally described by Exhibit B, are currently owned by the City and are appropriate for annexation by Ordinance and agree that the City may annex the property within said Parcel I at such time as it deems appropriate.
6. Inclusion of Parcel II Area: The portion of the Orderly Annexation Area referenced as Parcel II in Subparagraph B of Paragraph I. above is the subject of an annexation ordinance of the City of Proctor pursuant to Minnesota Statutes Section 414.033, which annexation is being contested by Township and is cunently under appeal to the Minnesota State Court of Appeals. This Orderly Annexation Agreement shall be deemed to include said Parcel II property unless and until there is a final court determination that the Parcel II property has been annexed to the City of Proctor; upon such a determination becoming final, the Parcel II property shall be deemed to be excluded from the Orderly Annexation Agreement.
7. <;ity Not to Initiate Annexation. The City will not initiate annexation of any property within Parcels II or III of the Orderly Annexation Area during the tenn of this orderly annexation agreement unless and until said property meets both of the following criteria:
A. The density of population and development in the area to be annexed becomes more characteristic of urban or suburban development than of rural development.
B. Transportation or utility infrastructure in and through the area to be annexed is best provided by the City.
8. Property Taxes. Unless and until annexed to the City in accordance with the terms of this Agreement, the Parcel II and III property shall continue to be taxed by the Town in the same manner as said property is taxed as of the date of this Agreement. Upon the annexation of all or any portion of the Parcel II property by the City, such property shall thereafter be taxed in the same manner and at the same rates as are then applicable to other properties of similar tax classifications within the City.
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9. Planning and Zoning. Subject to the following, planning and zoning in the Town shall continue to be governed by Midway comprehensive Plan: 2008 Update/an evolving Tradition" and ordinances adopted pursuant thereto. Any changes to the comprehensive plan for the Town or to ordinances related thereto shall be made by a Joint Planning and Zoning Commission pursuant to the authority of Subdivision 5 of the Statute except that such Commission shall consist of three members appointed by the Town and three members appointed by the Mayor of the City and approved by its City Council, and no action by said commission shall be deemed to have been approved except on the vote of at least four ( 4) of its members.
10. Utilities. City has available within its boundaries water and natural gas utilities which could be extended to serve various properties within the Town as the need therefore becomes existent subject to such extensions becoming financially viable based on that demand. City agrees to use its best efforts to support future appropriate development of properties in the Town through such appropriate extensions of utility services.
11. Tenn of this Agreement This orderly annexation agreement and its tenns terminate on January 31, 2023; unless tenninated before such time by resolution of the parties. Not\vithstanding this provision, this agreement shall automatically extend to January 31, 2033, unless in 2023, prior to December 31, 2023, either party delivers to the other and to the Office, a written notice of tennination in which case this agreement expires on January 31, 2023.
12. Services to Annexed Property. Upon annexation of any of the property in the Orderly Annexation Area as described in Paragraph I. above by City, City agrees that such annexed property shall be provided with police, fire, emergency services and other municipal services in the same manner and to the same extent as other similarly situated properties located in the City.
13. Execution in Counter,parts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. This Agreement may be executed and delivered by a party by facsimile or PDF transmission, which transmission copy shall be considered an original and shall be binding and enforceable against such party
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first above shown.
CITY OF DULUTH, a Minnesota Minnesota municipal corporation
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Attest:
REC'D BY I Jl AN MBA M 1 5 2013
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The Ci1y of Duluth has tr ied to ensure that th e inform ation cont:~ incd in th iS map or electronic docume nt is accurate. Th e City of Ouluth Exhibit A-1 N 1:15,840 =• makes nowau.anty or guarantee concem ing the accur acy or reliability. Thi e drav,ingl deta is neither a legt~ l ty recOJ ded map nor
a survey an d is not intended to be used as one. Th e drawing/data is a compi la tion or recor ds. information and data located In v arious
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Cily .County and State offaces and other sources affe cting th e are a shown and is to be used fo r re feren c@' purposes only. Th e Ci ty o1 R'f.C'D BY OCT 08 201lt PARCEL 1 Miles 0\Jiuth shall not be liable fOf errors contained wi thin this data prov ided or for any damages in connection wi th the use of this 1\iiBt lnb rmation contained wi thin. DULUTH ANNEXATION OF MIDWAY TWP 0 0.125 0.25 DULUTH The City of Duluth requires that this mapfdala not be redistribu ted to any party in \'1tlole or in part. including any derivati ve works of IL- J Municipal Bo undaries I Township 49 Range 15 Phol o Dale: May 201 3 procl.ocls gene<o led by combining lhe data wilh olher dala . unless Pr cp• red By: *b**f* ..•.• authorize d by the Cily o( Duluth G IS office . 201 4 Pr inl Date: 10171201 4 The City ol Duluth GIS Offic e
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The Cily of Dululh has trie<ilo ensure lhallhe information contained in this map or electronic documenl ls accurate . TheC ily of Duluth
Exhibit A-2 N 1:15,840
O.li!k makes no wananty or guarantee conceming the accuracy or reliability. This dra\Ying/data Is neither a legally recOfded map nor a su rvey and i& not Intended to be used as one . The drawing/data is a compila1ion of records , information and data located in various
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City. County and Slate offices and other oou1c es affecting the area shown and is lo be use d br reference purposes only. The City of PARCEL 1 Miles Duluth shall not be liable lor error s conlaincd within lhis data provided 01 for any damages in connection wi th the use ofthls FtEC'D BY in formation contained wi thin. O€T 08 2014 DULUTH ANNEXATION OF MIDWAY TWP 0 0.125 0.25 MBA DULUTH The Clly ol Duluth requires thai th is map/da ta not be re<istributed to any par ty In whole or in part. including any derivative works of IL-J Municipal Boundaries j Township 49 Range 15 Pholo Date :May 2013 products generated by co rnblnlng th e da ta with other da ta . unless Prepnred By: .1 •• 1. •••• authorized by the City of Duluth GIS office . 2014 Print Date : 101712014 Tho City of Du luth GIS Offic e
EXHIBIT B
PARCEL I LEGAL DESCRIPTION
That part of Township Forty-nine (49) North, Range Fifteen (15) West of the 4th Principal Meridian described as follows:
Southeast Quarter of Southwest Quarter (SEl/4 of SWl/4), Section Twenty-one (21);
West Half of Southwest Quarter of Southeast Quarter (Wl/2 of SWl/4 of SEl/4), Section Twenty-one (21);
All of Section Twenty-eight (28), EXCEPT the Northwest Quarter of Northwest Quarter (NWl/4 of NWl/4);
All of Section Thirty-two (32), EXCEPT the Northeast Quarter of Northwest Quarter (NEl/4 of NWl/4), and EXCEPT all that part of the West Half of Northeast Quarter (Wl/2 of NEl/4) lying northeasterly of the right-of-way of the Duluth, Winnipeg and Pacific Railroad Company, and EXCEPT the North Seven Hundred Fifty feet (750.00') of the Northeast Quarter of Northeast Quarter (NEl/4 of NEl/4); and
All of Sections Thirty-one (31) and Thirty-three (33).
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The City of Duluth bas tried to ensure that1he information cattained in this mal> or eledronic document is accurate. The Gity of OU!utb makes no warranty or guarantee conceming the accuracy or reliability. This -draYiirlgldata is neitller a legaHy rec«ded map nor
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a survey ood is not intended to be used as one. The drawing/data is a compilation of recorcls.information and data located in various City. County and State olfie"" and other sources affecling llle area shown and is to be used for re{erence purposes only. The City of OUiulh shall not be liable tcr errors contained willlin this data provided or tor any damages in connection with the use of lllis tnmrmaDon contairied within. DULUTH ANNEXATION OF MIDWAY TWP The City of Dulutl> requires that thiS map/data not bere<!iSllibuteCIID any party in Wllole or In part. including any derivalive WOIIIs of products generated by oombiring the data IMih olher data, unless authorized by the City of Oululh GIS offlce. lCi Municipal Boundaries J
Township 49 Range 15 2014
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The City or Duluth has tried to ensure that the information contained in this map or electronic document is accurate . The City of Duluth makes no warranty or guarantee concerning the accuracy or refiabilitv. This draVIIing/data is neither a legally recorded map nor nEc·oav
Nraft. ltT 0 8 · 2®14Exhibit C-2 . PARCEL2 & 3
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1:24,000 a survey an d is not intended to be used as one. The drawing/data is a compilation or records. information and data located in vanous City. County and State offices and other sources affecting lhe .area shown and is to be used fOr reference purposes only. The City of Duluth shall no! be liable for errors contained wiltli n this data provided or for any damages in connection with the use ofthis inbrmatJon contained wittin. DULUTH ANNEXATION OF MIDWAY TWP
---==:::JMiles 0.125 0.25 0
The City of Duluth requires that this map/data not be redistributed to any party m whole or in part. including any derivative works of pro<i.lcts generated by combining the data with other data. unless authorized by the City of Duluth GIS office j[_j Municipal Brundaries I
Township 49 Range 15 2014
Photo Date : May 2013 Prepared By:
Print Date: 101712014 The City of Duluth GIS Office
EXHIBIT D
PARCEL II & Ill LEGAL DESCRIPTION
That part of Township Forty-nine (49) North, Range Fifteen {15) West of the 41 h Principal Meridian
described as follows:
All of Section Twenty-one {21), except the Southeast Quarter of Southwest Quarter (SE1/4 of SW1/4) and except the West Half of Southwest Quarter of Southeast Quarter (W1/2 of SW1/4 of SE1/4);
The Northwest Quarter of Northwest Quarter (NW1/4 of NWl/4) of Section Twenty­ eight (28);
The Northeast Quarter of Northwest Quarter (NE1/4 of NW1/4) of Section Thirty-two (32);
The West Half of Northeast Quarter (W1/2 of NE1/4) of Section Thirty-two (32} lying northeasterly of the right-of-way of the Duluth, Winnipeg and Pacific Railroad Campa ny;
The North Seven Hundred Fifty feet (750.00') of the Northeast Quarter of Northeast Quarter (NE1/4 of NE1/4) of Section Thirty-two {32};