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HomeMy WebLinkAbout[02] Update Orderly Annexation AgreementJoint Planning Commission Agenda Item Ci7'1 QF tiT. Jt1SEYH MEETING DATE: October 13, 2009 AGENDA ITEM: Update -Orderly Annexation Agreement BACKGROUND INFORMATION: The last time the City and Township Planning Commission met, a representative from Stearns County Environmental Services was present. The Commission discussed with Stearns County the administration of land use matters. At this same time the County Staff identified the new zoning district that will be affective for all OA areas. I have included a copy for your information. The County has not conducted the public hearing on that Ordinance and it is anticipated that the hearing will be conducted next year. The meeting material for the July included ared-lined OA agreement for consideration. During the discussion the Commission requested copies of area Orderly Annexation agreements for comparison. I have received such from both Sartelll-Le Sauk and Sauk Rapids -Minden. After receiving and reviewing the copies I questioned the land use process. Both Sartell and Sauk Rapids have established a Joint Planning Board and this Board is the Zoning Authority for the Annexation Area. ATTACHMENTS: Le Sauk/Sartell Agreement; Sauk Rapids/Mindon Agreement; Stearns County Urban Planning District. REQUESTED PLANNING COMMISSION ACTION: Continued discussion on the updating of the OA Agreement. TOWN OF ST. JOSEPH RESOLUTION NO. CITY OF ST JOSEPH RESOLUTION NO. JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town") and the City of St. Joseph (hereinafter referred to as the "City"), both located entirely within Stearns County, in the State of Minnesota, have agreed that there is a clear need for a cooperative future planning effort for the land governed by the two jurisdictions; and, WHEREAS, to this end, have met extensively in discussion and study of future planning issues as the Greater St. Joseph Area Committee; and, WHEREAS, the Town Board and City Council have expressed their desire to encourage future development of land near the City so as to avail such development of municipal services as much as is practical, while encouraging the retention of land in agricultural use; NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow, that the City and Town enter into this Joint Resolution for Orderly Annexation. 1. Designation of Orderly Annexation Area. The Town and City desire to designate the area set forth on the map attached (Exhibit 4) and the legal descriptions attached (Exhibits 1,2 and 3) as subject to orderly annexation under and pursuant to Minnesota Statutes Section 414.0325. 2. Minnesota Municipal Board Jurisdiction. Upon approval by the Town Board and the City Council, this Joint Resolution shall confer jurisdiction upon the Minnesota Municipal Board (hereinafter referred to as the "Municipal Board") so as to accomplish said orderly annexations in accordance with the terms of this Joint Resolution. 3. No Alterations of Boundaries. The Town and City mutually agree and state that no alterations by the Municipal Board of the stated boundaries of the area designated for orderly annexation is appropriate. 4. Review and Comment by the Municipal Board. The Town and City mutually agree and state that this Joint Resolution and Agreement sets forth all the conditions for annexation of the areas designated, and that no consideration by the Municipal Board is necessary. The Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this Joint Resolution. 5. Planning and Land Use Control Authority. -~essribed---~ --~ ' The Town and City have executed a Memorandum of Understanding (MOU) cooperating with Stearns County to administer zoning regulations for the purpose of ensuring better consistency in land use regulations and in the implementation of the same. In accordance with the executed MOU as referenced above the Town and City will create a Joint Planning Board which shall have exclusive authority over land use and zoningissues within the OA area. Any issues that would normally come before the Planning Commissions of either the City or the Town that involves land within the boundaries of the orderly annexation area described in Section One rior to annexation, will be heard by a Joint Plannin Bg oard• Membership of this Joint Planning_Board shall be as follows: A. Three (3) members from the City Planning Board B. Three (3) members from the Town Planning Board C. One (1) member of the St. Joseph City Council. D. One 1) member of the Town Board. The posting of meeting for the Joint Planning Board, as well as the taking of minutes for their meetings, shall be the responsibility of the Town Clerk. The responsibilities of the Joint Planning Board are those identified in the MOU referenced above and attached as Exhibit 1. ~-6. Applicable Land Use Controls: Prior to annexation, the ordinances of the Town will control the properties in the area designated for orderly annexation; following annexation and upon the Town and City receiving notification from MN Planning that the annexation has been ordered, the ordinances of the City shall control. At this time the Citv shall serve as the "governing body." « ~~ .Upon the City receiving notification from MN Planning that the annexation has been ordered ~~° °^^°~°~ ^~^^°~*~°c ~~^~~ h° 7. Tax Rate for Annexed Property~ When undeveloped land is annexed for the purpose of development, the City tax rate shall not apply until a plat has been recorded at the Stearns County Recorder's Office. Until that time the Town tax rate shall be used All other properties annexed shall be taxed at the City tax rate upon completion of annexation. ~:8. Municipal Reimbursement. The City and Town mutually agree and state that, pursuant to Minnesota Statutes 414.036, a reimbursement from the City to the Town shall occur for the taxes collected on land annexed into the City, according to the following conditions: A. All reimbursement will be based on the valuation and tax capacity of the land as it exists in the Town at the time of its annexation. B. The reimbursement on said land shall be based on a five (5) year schedule with a percentage of base taxes reimbursed to the Town as follows: Year 1 60% Year 2 50% Year 3 40% Year 4 30% Year 5 20% C. At the sixth year, and every year thereafter, all pertinent tax revenues will be the property of the City. D. Any circumstances of extreme undue hardship may be cause for re- negotiation of this section on a case-by-case basis. ~-9. Conditions for Orderly Annexation. A. Zones 1, 2 and 3 in Prior Annexation Agreements. The December 18, 1997 Annexation Agreement between the City and Town contain three zones which were to be annexed into the City over differing periods of time. The City and Town desire to maintain the zones for purposes of this Agreement. The zones are designated as: ZONE PROJECTED LIFE LEGAL DESC. MAP Zone 1 0-1 Year (1997-2002) Exhibit 1 Exhibit 4 Zone 2 6-10 Years (2003-2007) Exhibit 2 Exhibit 4 Zone 3 11-20 Years (2008-2017) Exhibit 3 Exhibit 4 The City will continue to make reasonable efforts to provide and plan for the possible extension of services into each zone within the projected life of each zone. Once the projected life of a zone has expired, such as is the case for Zone 1, the City may annex the property on the City's own petition for annexation and the annexation shall not be subject to the annexation petition requirements in paragraph 76 below, and shall not be subject to the Criteria for Annexation in paragraph 7C [1] below. The Township shall not object to such annexation petition by the City. Zone 2 will expire on December 31, 2007. Zone 3 will expire on December 31, 2017. Unless a petition of property owners for annexation has been filed with the City pursuant to paragraph 76 below, and the criteria for annexation as established in paragraph 7C below of this agreement is met, the City agrees not to petition for annexation of any area within Zone 2 until December 31, 2007, or unless it is ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by the MPCA or any other state or federal regulatory agency. Unless a petition of property owners for annexation has been filed with the City pursuant to paragraph 7B below, and the criteria for annexation as established in paragraph 7C below of this agreement is met, the City agrees not to petition for annexation of any area within Zone 3 until December 31, 2017, or unless it is ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by the MPCA or any other state or federal regulatory agency. For all areas within the annexation area between the City and Town which are not a part of Zone 1, Zone 2 and Zone 3, the City agrees not to petition for annexation of any area unless a petition of property owners for annexation has been filed with the City pursuant to paragraph 7B, Annexation Petition Requirements, and the Criteria for Annexation as established in paragraph 7C of this Agreement has been met. B. Annexation Petition Requirements. Subject to the exceptions in paragraph 7A above, the owners of at least sixty (60) percent of the parcels of property in the affected area must petition in order for the annexation to be considered. If the owners of sixty (60) percent or more, but less than one hundred (100) percent of the parcels of property in the affected area petition for annexation, a joint hearing of both the Town Board and the City Council shall be called to consider the petition. The petition shall not be approved unless both the Town Board and City Council, voting as separate boards, approve the petition seeking annexation. If the owners of one hundred (100) percent of the parcels of property in the affected area petition for annexation, the City Council will, as an agenda item at their next regular Council meeting, review the petition for consideration of annexation. C. Criteria for Annexation. Subject to the exceptions set forth in paragraph 7A above, the City and Township agree that, unless both the Township and City mutually agree to consider a specific annexation request, property will not be annexed unless all three of the criteria stated below are satisfied: A petition for annexation has been received and either 100% of the property owners have petitioned to do so, or the subject property has completed the hearing process as hereinafter set forth, with approval of the proposed annexation being obtained from both the City and Township; and 2. The property for which annexation is sought is contiguous to the City Limits. For the purposes of this requirement, "contiguous" shall mean: a. That the property is sought to be annexed abuts property within the City; or b. That the property sought to be annexed would abut property within the City, but for the existence of an intervening road right-of-way, the existence of the body of a river or the existence of the body of a lake. A road right-of-way (other than as if traversed across its width to get to the property to be annexed as provided for in this paragraph) shall not be used as a basis for a finding that said property abuts or is contiguous to property within the City; or c. If only an apex of the property sought to be annexed abuts property within the City; and 3. The City has immediate ability to extend water and sewer services to the subject property and the property owner has a good faith intent to immediately plat the property for which annexation is sought. That following annexation, but before a building permit is issued by the City for the construction of any structures thereon, City water and sewer services must be provided to the structure for which any building permit is sought. In the event that the City and Township mutually agree to consider an annexation request that does not meet all three (3) criteria established above, at least 60% of the affected property owners must submit a petition for annexation. In that event, a joint hearing of both the Town Board and the City Council shall be called to consider and act on the petition. The petition for annexation shall not be approved unless both the Town Board and the City Council, voting as separate bodies, approve the petition seeking annexation. 9-10. Periodic Review. The City and Town mutually agree and state that a periodic review of this agreement is to be conducted beginning three (3) years after the effective date of this agreement and every three (3) years thereafter. The Joint Planning Committee as described in Section 8 of this agreement shall be responsible for conducting this periodic review, and sha11 present a report of said review to both the City Council and Township Board for their consideration of any recommendations. a-9-11. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the terms of this Joint Resolution into effect. a-x-12. Severability and Repealer. A determination that a provision of this joint Resolution is unlawful or unenforceable shall not affect the validity or enforceability of the other provisions herein. Any prior agreement or joint resolution existing between the parties and effecting the property described in the attached Exhibits, shall be considered repealed upon the effective date of this Joint Resolution. Upon adoption of this Orderly Annexation Agreement by the City of St. Joseph and Township of St. Joseph, and approval by the Municipal Board, the Joint Resolution as to Orderly Annexation, City of St. Joseph and Township of St. Joseph, dated October 2, 1975 and subsequently amended by joint resolution approved by the City of St. Joseph on April 16, 1987, and approved by the Town of St. Joseph on April 27, 1987 and subsequently amended by joint resolution approved by the City of St. Joseph on December 18, 1997 and approved by the Town of St. Joseph on December 29, 1997, shall hereby be considered revoked by the provisions of this Agreement. ~?13. Effective Date. This Joint Resolution shall be effective upon adoption by the governing bodies of the City and Township and approved by the Municipal Board. Approved the day of , 2006, by the Town Board of the Town of St. Joseph. Chair Chair Approved the day of , 2006, by the City Council of the City of St. Joseph. Mayor Clerk/Administrator Exhibit 1 0 - 5 Year Urban Service Area Section 02-124-29 S '/Z - SW '/< West of CR 133 Section 03-124-29 So.10AofNE'/4-SE'/ SE'/ - SE'/4 So. 30 A of SW '/ - SE '/4 So. 30 A of SE'/4 - SW'/ SW '/4 - SW '/4 Section 04-124-29 SE'/ - SE'/4 No. of Sly R of Railroad Section 09-124-29 NE'/a - NE'/4 No. of Sly of Railroad E 'h So. Of CSAH 75 Sly RNV Less City S'/Z - SW'/4 E of I-94 Ely R/W Section 10-124-29 E'/2 - NE'/< No. of Nly R/W of Railroad Less City NE '/4 - NW '/ Less City W %2 - NW '/4 Less City SE '/a - SW '/4 Less City S %2 - SE %4 Less City Section 11-124-29 W 'h - NW '/ Less City E '/z - SW '/ Less City Section 14-124-29 N '/2 - NW '/4 Less City Section 15-124-29 N % - NE % Less City NW '/4 - NW '/< Less City NE '/e - NW '/a Less City Exhibit 2 6 -10 Year Urban Service Area Section 02-124-29 W'/z - SE'/< NE'/4-SW '/4 E '/z - NW '/< - SW '/ Section 03-124-29 W '/z - NE '/a NW '/4 NW '/4 - SW '/< NE '/a - SW '/a NW'/4 - SE'/4 No. 10 A of SE '/< - SW '/4 No. 10 A of SW % - SE '/. Section 04-124-29 NE'/ - SE'/. NW'/4 - SE'/4 E of So. Fork Watab River SW'/4 - SE'/ SE'/ - SE'/4 So. of Sly R/W of Railroad Section 09-124-29 E %z - NE %4 So. of Sly RNV of Railroad and No. of Nly RNV of CSAH 75 Less City Section 11-124-29 W % - E '/2 Section 14-124-29 NW '/a - NE'/< W 792 Ft SW'/< - NE'/ Less Triangle, Containing 20 A. S '/z - NW '/a N '/z - NW '/< - SW '/< N '/2 - NE '/4 - SW '/ Section 15-124-29 NW '/< - NW '/e Less City S '/2 - NW '/. N'/z - SW'/e Section '/ - SW '/ Section 16-12429 N'/2 - NE % Less City S'/2 - NE'/4 E of Ely RNV I-94 NW '/4 E of Ely RNV I-94 SE '/e of Ely RNV I-94 Exhibit 3 11 - 20 Year Urban Service Area Section 01-124-29 Entire Section Section 02-124-29 NE '/4 NW '/4 W '/z - NW '/ - SW '/a E'/z-SE%4 Section 03-124-29 E'/z - NE'/a NE'/4 - SE %4 Less Sly 10 A Section 11-124-29 E '/z - E '/z Section 12-124-29 Entire Section Section 13-124-29 That part of Section 13 North of the Sauk River Section 14-124-29 That part of Section 14 North of the Sauk River described as follows: E'/z - NE'/a E 792 Ft SW '/ - NE %4 Less Triangle, Containing 20 A SE S '/z - SW '/a S%z-NE'/-SW'/4 Section 15-124-29 S'/z - NE'/e SE '/4 SE %< - SW '/ Section 21-124-29 That part of Section 21, Northeast of Interstate Highway I-94 Section 22-124-29 That part of Section 22, Northeast of Interstate Highway I-94 and North of the Sauk River Section 23-124-29 That part of Section 23 North of the Sauk River Exhibit 3 - Cont'd 11 - 20 Year Urban Service Area Area added 2006 Section 04-124-29 NW '/4 NE '/< SW '/ NW'/4 of the SE'/4 lying West of the centerline of the Watab Creek Section 05-124-29 That part lying easterly and northeasterly of the easterly and northeasterly right-of-way line of Interstate Highway Number 94 Section 08-124-29 That part lying easterly and northeasterly of the easterly and northeasterly right-of--way line of Interstate Highway Number 94 Section 09-124-29 NW '/4 N% Minnesota Planning Docket No. City of Sauk Rapids Resolution No. o?oDoZ ~ ~ Town of Minden Resolution No. ~. ~C -`~ JOINT RESOLUTION AS TO ORDERLY ANNEXATION BY AND BETWEEN THE CITY OF SAUK RAPIDS Ah'D THE TOWN OF MINDEN WHEREAS, the City of Sauk Rapids (the "City") and the Town of Minden (the "?oven") desire to provide for the orderly development and e~rtension of services to 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; and VVAEREAS, the City and the Town have reached an agreement which is in the best interests of both citizens of the City and the citizens of the Town. NOW, THEREFORE, BE TT RESOLVED, BY THE COUNCII. OF THE CITY OF SAZJK RAPIDS AND THE BOARD OF SUPERVISORS OF THE TOWN OF NIINDEN: 1. DescriQtion of Area to be Annexed. The following described areas are properly subject to orderly annexation under and pursuant #o Minnesota Statutes §414.0325, and the parties do hereby designate these areas for orderly annexation as provided by statute: That area shown as areas A, A-1, B, C and D on the map attached as Exhibit 1. The legal descriptions for the entire area as well as the legal description for the sub-parts A, A-l, B, C and D are attached as Exhibit Z. 2. Office of Strategic and Long-Range Planning Jurisdiction. Upon approval by the parties, this agreement shall confer jurisdiction upon the Oilice of Strategic and Long-Range Planning (the successor to the Minnesota A4unicipal Board pursuant to Minn. Stat. §414.11, hereinafter the "Board") 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 Board of the boundaries of those areas designated herein for orderly annexatio~i is appropriate. 4. Conditions for Annexatio~i. The City and the Town mutually state that this resolution sets forth x31 of the conditions for annexation of the areas designated -herein for orderly annexation and that no consideration by the Board is necessary, the Board may rev'sew and comment, but shall, within thirty (30) days, order PMay 6, 20D?:C70D7 Od !7 C:\Doinmta6 and SetWigs~ SeldngalTanpV.l~drnFs+e15.643-2doe issl annexation, subject to the provisions of paragaphs S through 10 herein. 5. Approval Process. The City and the Town mutually state that properties in the areas designated A, A-i, B, C and D as shown on Exhibit 1 and legally described on Exhibit Z, or a portion thereof, shall be annexed to the City by the Board upon receipt of the City's resolution in accord with the terms of this Agreement. a. ,A~proval Process. For properties located within area A and area A-l, at anytime, and within areas B, C, and D in accord with Subpart b of this Section 5, the City may adopt its resolution not sooner than 45 days after submittinb a copy of an annexation petition to the Town when any of the following are met: Agricultural and/or Undeveloped Land. {i) Petition requesting annexation signed by owners of l00% of individual parcels of record for agricultural and/or undeveloped properties in an area proposed for annexation; or (ii) agreement of both the City Council and the Town Board. 2. Developed Property. (i) Fifiy-one percent (51%) of the owners of individual parcels ofrecord for developed property in an area proposed for annexation sign a petition requesting annexation; or (ii) agreement of both the City Council and the Town Board.. When a petition for annexation of developed (ands involves more than one property, all such properties must be contiguous to each other. All of the properties considered to be developed are shown on the map attached as Exhibit 3. Residential subdivisions of land resulting in a lot(s) of 10 acres or less that are approved subsequent to the effective date of this agreement will be considered developed. Any property utilized for commercial or industrial purposes is considered developed. Area A-1. With regard to property located in area A-1, the City provides written notice of the City's intention to annex the property to the Town and the property owners {at the address shown for property tax payment purposes). 4. Surrounded Properties. Any property whether in Area A, A-1, B, C or D which is less than 40 acres in size and which is entirely surrounded by the City may be annexed by the City anytime 10 years after the date on which it becomes surrounded by the Gity. Surrounded properties also include those properties which abut the City of St. Cloud on one or more sides. Roadways tivill be ignored tivhen considering whether a property is surrounded. Pl.Sny 8.2002ti200? Od C:\Doarn~n~ and Settings xjmxwolLocal SWti~s~TrnrylAlmdtnFinil ~6-0'-4.doc ~I 7 b. Areas B C. and D. Parcels of land in areas B, C, and D will only be considered for annexation if they are contiguous to the City unless (i) both the City and Town agree to the annexation, or (ii) the property is owned by the City for public purposes (i.e. parks or public works facilities), or (iii) one of the following applies: After 70% of Area A (not including area A-1) is annexed into the City, annexations may occur anywhere within Area B; and 2. After 85% of Area B is annexed to the City, annexations may occur anywhere within Area C; and 3. After 85% of Area C is annexed to the City, annexations may occur anywhere within Area D. c. All Annexations are Subject to this Agreement. Annexation of land in Area A, A-1, B, C or D must occur in accordance with the terms of #his Agreement. 6. Provision of Maniripa! Utilih~ Service. a. Extension of Services. Extension of sanitary sewer service to annexed properties requesting sewer service will be a high priority by the City. b. Assessment Rates. Assessment or connection charges to .annexed properties will be at the City's customary rates for improvements of a similar type at the time of benefit and/or connection to said service. c. Time-line for Connection. Annexed properties must connect to municipa] services on the eazlier of one of the following: 1. The property owner petitions for service; 2. The property is sold or otherwise transferred for purposes other than agricultural; Construction of new non-agricultural buildings or expansion of existing non-agricultural buildings occurs on the property; 4. The property's septic system is failing; Pb7oy8,]W1_Q002OJ 1] Ca.Lk~euneiNS and SriQes:s'aypr~l+~`J.eral rrttingslTen~'?~tmde~~ur~J 56-0_•?.dec W State or Federal law requires connection; or 6. Three years from readily available (installed abutting or directly adjacent to the property) sanitary sewer and/or water services. No Assessments Prior to Annexation. The City shall make no assessments or charges to properties for any improvements prior to its annexation. 7. Provision of Other Municipal Services. The City shall be responsible for the provision of all normal and customary municipal services to annexed properties. 8. Revenue Sharing. In respect to annexed properties, the City shall annually rebate, fora ] 0-year period following annexation, a portion of the taxes it collects. a. All Properties. For all properties (whether commercial, industrial, residential, agricultural, developed or undeveloped), the dollars to be returned to the Town will be calculated by multiplyinb the assessor's market value for the annexed property in the year of annexation by the tax capacity rate of the Town in the year of annexation. It is the intent of the parties that the payment will be calculated based upon values and the tax rate for taxes payable in the year of annexation (based upon the date the City Council passes its resolution calling for the aru~exation)- That fixed amount will then be paid each year during the above referenced l0 year term. b. Payment. The City shall make its payment to the Town once each year, prior to December ~ 1st of each year, based on the monies the City has collected. 9. Revenue Sharing for Developed CommerciaVindustriai Properties. In addition to that provided for above, the City's rebate of taxes collected on commercial and industrial properties u=hick tivere developed prior to annexation will continue for an additional 10 years (after the 10 years provided for above) at a rate of 20% of the fixed amount paid during the initial 10 year rebate term as provided for above. 10. Tax Step-Up for Platted Developed Residential Property. For platted, residentially developed properties existing in the Town on the effective date of this Agreement, the tax rate of the City on the area annexed shall be increased in substantially equal proportions over a six year period to equality with the tax rate on the property already within the municipality. rainy s, ~tr~:cxoos o~ i~ C:1Duuurcn~ mid Sei~i~4jmracmU.oa15e1tirgs~TempSAlodrnFvd :~6.0:-2.doc isl 4 11. Annexation Outside of OA Area. Other Annexations Limited. The City will not initiate any annexation action for property outside of the Orderly Annexation area except by agreement with the Town Board. However, in the event an incorporation proceeding is initiated by any party for any part of Minden Township, the City then has the right to initiate an annexation action for any part of Minden Township provided that right is available to it under law at the time of the action. The Township agrees not io enter into Orderly Annexation Agreements or support any annexa#ion petitions to other cities for property located in the Township lying North of State Trunk Highway 23. Property Owners Rights. Property owners continue to maintain those options available by law at the time of their action to pursue municipal boundary adjustment outside of the Orderly Annexation area. Until such time as 70% of Area A and 85% of areas B, C, and D are annexed, the City will not support any property owner initiated annexation petition for areas proposed for residential development that are located outside of the Orderly Annexation area. The City will not support any property owner initiated petition for annexation of land proposed for non-residential deve]opment for a period of 60 days starting from the date of the City's submission of a copy of such a petition to the Town Board of Supervisors for its consideration. The Town and the City mutually agree to meet to consider the appropriateness for the requested annexation and approval of an amendment to the Orderly Annexation Agreement. 12. Joint Powers Board. a. Creation of Board. The parties agree to form a Joint Planning Board, pursuant to Minnesota Statutes Chapter 471.59, to exercise planning and land use control over the Orderly Annexation Area. It is anticipated that the Joirrt Rowers Board will meet monthly or less, on an as need basis. b. Make-u~of Board. The Ioint Planning Board will be made up of two representatives from the Town appointed by the Town on an annual basis and two representatives of the City appointed by the City on an annual basis_ Appointees will serve until their replacement is appointed. The Chair of the Joint Planning Board will be rotated bet«~een City and Town appointees. The first Chair will be selected from the Town appointees by the Joint Planning Board. c. Zonin~8c Subdivision ordinances. The Joint Planning Board will .adopt the Agricultural Zoning regulations of Benton County for agricultural properties located within the orderly annexation area. The Joint Plaiuung Board will adopt the City's Zoning Code and Subdivision Regulations for non-agricultural property located within the Joint Planning Area. The Joint Planning Board may adopt alternative ordinances by the unanimous vote of all Joint Planning Board Members. It being noted that it is the intent of the parties to have the Joint Planning Board examine the City's Zoning and Subdivision Regulations as well as those within the Sauk Rapids Joint Planning Board Area and make adjustments as may he deemed appropriate by the 3oint Planning Board. Permit Fees and Distributions. The Permit fees shall be those of the City of Sauk Rapids unless amended by the unanimous agreement of the Joint. Powers Board. Upon dissolution of the joint Planning Board, any property acquired as the result of the exercise of its powers shall be returned to the City and the Township in equal shares, except to the extent a contribution of property was unequal then that properly shall be distributed in proportion to the contributions made. e. Staff. The Joint Planning Board duties will be administered by the staff of the City at no charge to the Town. 'The City will be entitled to retain permit fees to cover the cost of administration. f. Special Provisions with Joint Planning Area. The following provisions will apply within the Joint Planning Area: Continuation of Farming_Operations. Any farm land that is in existence at the time of the execution of this agreement may continue to be farmed and developed as a farming enterprise including the construction of agricultural buildings, the maintenance of livestock, the employment of manure storage facilities and any and all agricultural practices that are employed by the land owner or their successors or assigns subsequent to the execution of this Agreement: provided, that such acti~.~ties are in accord with federal and state laws. 2. Setbacks from Farm Operations. 'The Joint Planning Board PAWy $ 7002t'7002 012 C:lDotvurcWS oKl Sel6ngirjameianl.rcal &t4ogs\Trnip.AtindcnFi~ml 56-02-2.da~eit 6 will adopt measures to ensure that no new residential homes are constructed within 500 feet of structures (used to house animals or which are considered feedlots according to Iviinnesota Rules) located on land employed and engaged in agricultural business endeavors. This provision is not intended to apply to new residential structures constructed ors the swine parcel as file agricultural structures. The exact details of any additional restrictions in this area will be established by the Joint Planning Board as part of a Zoning Ordinance to be adopted. Development. It is the directive to the Joint Planning Board to ensure that regulations adopted by the Joint Planning Board permit existing businesses and farms located within the orderly annexation area to expand as necessary in accord with federal, state and local laws. It is also the directive to the Joint Planning Board that with the exception of expansions of existing facilities and expansion of agricultural operations the Board will limit new residential, commercial and industrial development within the orderly annexation area prior to annexation of the property into the City and the provision of . municipal sewer and water services. 4. Devel~ment of Annexed Properties. The Joint Planning Board, flee City, and the Town shall all adopt a policy which requires that Developers seeking to develop land within the orderly annexation area provide notice to potential builders and homeowners that their land is located in an agricultural area and as such is subject to sounds and smells associated with agricultural production. In addition, where applicable, notifications will be made regarding noise from Golden Spike Speedway and the use of property in Section 19 of the Town by the Central Minnesota Retriever Ciub. These policies will require that this notification be incorporated into each party's developer's agreements and recorded with the plat. All notifications must be approved by the Joint Planning Board. Until the Central Minnesota Retriever Club discontinues its use of its property located in Section ] 9 the City will: PAiiy 8, 7DDT:C?ODT O 129 C•Decwnsatc ud SeUi~slcjmnemn~i.o~a1 SeMin¢ATn~l~linA~Fcra! So~9:-2~ur, isl A. Provide examples of easements used by the Central Minnesota Retriever Club and suggest (but not mandate) that developers in areas near the Central Minnesota Retriever Club property (located in Section 19) consider signing a similar easement; and B. The City will use good faith efforts to provide notice to the Central Minnesota Retriever Club of public hearings on preliminary plats for properties located within areas A and B. Such notices will be mailed to P.O. Box 484, St. Cloud, MN 56302. Existing Rural Uses_ The parties acknowledge that certain uses exist within the orderly annexation area that may lead to conflict as residential properties are developed ad}acent to these uses including the Golden Spike Speedway and the Central Minnesota Retriever Club. The City and the Town acknowledge that Minnesota Statutes Section 4b2.357 Subd. lc provides that a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. in addition, the City and Totivn agree to work in good faith to address issues that may arise as anticipated property use conflicts arise. 6. Drainage Plans_ For all plats of property annexed to the City from the Town, drainage and grading plans will be presented to the Joint Planning Board and Town for review and comment regarding the potential for impact on other property located within the Township. -The City will use good faith efforts to eliminate problems caused in the Township by the drainage and grading completed as a result of such drainage and/or grading plans. The City will also use good faith efforts to address concerns raised by the Joint Planning Board and/or the Town by either making changes to the drainage and grading plans for the plat or by providing written responses to the joint Planning Board's and/or Town's concerns and agreeing to meet with either the Joint Planning Board or the Town upon the request of either of them to discuss their concerns. YM~y 8, 7pp3;C700I 01 29 C.~1Do~wn'n6 vd SE1ti~¢d~tjammm~U.acal Setm+gc\Tzrnp4\{'v~Fv~of SbOb2doc xl 13. Town Roads. a. Existing Town Roads. The Town shall maintain Town roads in existence at the time of the execution of the Agreement until lands on both sides of said Town roads are annexed to the City. b. Annexation of Abuttine Property. In the event that the City annexes property abutting a Town Road, but annexes on one side only of that Road, the Town shall have the option to require the City to maintain both sides of the road aburiing the annexed property. c. Undue Burden on Town Roads. The Town and City recognize that there may be instances where it is appropriate for the City to assume responsibility to maintain.additional portions of Town roads because city development imposes an undue burden on Town roads that serve the annexed property. The Joint Planning Board will cooperate to assure that the City accepts its reasonable responsibilities. In the event that they cannot agree, the Town may submit the issue to the Joint Planning Board for a decision. In the event that the Joint Planning Board determines that the City should accept responsibility for a Town road under these circumstances, the City agrees to abide by the decision of the joint Planning Board. 14. Costs Associated with OA Agreement. Each party shall pay its own costs incurred in the negotiation, development and implementation of this Agreement. 15. Disuute Resolution. The parties agree to mediate any disputes concerning the interpretation of this Agreement by filing a request for mediation with the Bureau of Mediation Services within 30 days after one party notifies the other party of existence of a dispute under this Agreemem. 16. Venue. The venue for all actions concerning this Agreement shall be Benton County, Minnesota. 17. Authorization. The appropriate officers ofthe City and the Town are hereby authorized to carry the terms ofthis Joint Resolution and Agreement into effect. 18. Severability and Reaealer. All prior resolutions and ordinances of the 'T'own and City, or portions of resolutions and ordinances in conflict herewith, are hereby repealed. Should any section of this Joint Resolution and A~eement be held by a court of competent jurisdiction to be unconstitutional or void, the remaining provisions will remain in full force and effect. In the event of Litigation, PAtay & 40~:C1DD2 0l Z9 C~DPOU~Gtih and SetonFs4j~mwnUacol Seuin~\7empUliruknF'vwl ~-b-02.2.tloc isl 9 neither the City nor the Town will seek to have any provision of this Agreement declared null and void. Tf a court issues an order declaring a portion of this Agreement unconstitutional or void, the parties mutually agree to request of that court reformation of the contract and/or of the legislature, special legislation, both actions being for the purpose of reinstating the original intent of this Agreement. 19. Effective Date. This Joint Resolution and Agreement is effective upon its adoption by the respective governing bodies of the Town and the City, as provided by law. 2Q. Amendments. Any amendments to this Joint Resolution and Agreement will require a public hearing by the 3oint Planning Board and adoption and approval by the City Council and Town Board. 21. Terming#ion of OA Agreement. The parties agree that they will, at a minium, either meet or request the Joint Planning Board to consider potential changes and adjustments to this Agreement every 5 years beginning in January of 2005. Unless the parties have agreed to an extension, this Agreement shall terminate on December 3 ], 2025. Notwithstanding the termination of this Agreement, the provisions of paragraphs 6, 7, 8, 9, l0, I2 and l 3 of this Agreement shall remain binding after the termination of the Agreement for all properties annexed under the terms of this Agreement prior to its termination. pa9„r e, 3om Czooz of zs crr~«worns ana 5dtin~~pmeson4nol s~ningstire,»pvts~aa~o,a ssoz•z.a« ~~ 10 Adopted by the Town Board of Supervisors for the Town of Minden the day of , 2002. ~~f B d Chair ~~ Paul Wesenberg, Clerk PMa;~ 8, 200~:G2002 01 j9 C:Vk~cutoml .nA G.aingccjataaoa~V.o~al SdB~~TcmpV.lsulenF'inal Sa-02-2.doc ssl 11 .J"'.~r Adopted by the City Council for the City of Sauk Rapids the %~ day of ,~~ ~ ~_ , 2002. ~ Harold Jesh, Mayor Attest: ~YL . Clerk rs~oy s, aoc-:czom o~ ,o C~Docunrr:, a113 S.`ctil~, cjam2soiiaoc-1 Sah"vgc\TempUfv~dcnFinal 56-02-'_.doe i+t l? 1:`~HIB~T Are2 A: The I~'Vl'l /~ of SVl' 1 /~4 of Section) :. Townshir 3t;. P.anve 3Q. Benton Count}. lviinnesota. E~CEPTI.NG THEREFR0>\~1 that pan l~in:t Northwester)~• of the centerline Of Bellton COUnt~" State Aid Road Number;. INCLUDES part of the plat o3 Golden Spix~ Par}:. AND All that part of the SVhIl4 of I~TW 1/4 Section 18, Township 36, P.ange 30. Benton Counn~. Minnesota described as follov~Ts: Commencin= at the northwest corner of said Section 18; thence on an assumed bearing of South along the west line of said Section 18, a distance of 1,343.47 feet to zts intersection with an existing fence line extended Westerly for the point of beginning of the tract to be described. said point being on the centerline of C.S.A.H. No. 1; thence continue South alon;•~ said west Iine a distance of 1,335.73 feet thence east at rif7 t angles: a distance of :43.20 feet; thence north at right angles 264.00 feet; thence Nor•t11 U4°53'35" West. a distance of 264.97 feet; thence north and parallel with the west line of said SVl%1/4 of I~tVl~l/4 a distance of 819.98 feet to its intersection v~~ith said existing fence Iine; thence South 87°48'40" West along said fence line and said line extended, a distance of 32Q.83 feet to the point of beg7nning. AND AIJ that part of the SEl/4 of SVS%1/4 and the Vial/2 of SEl/4 )ying South of the centerline of Benton State Aid Road Number 3. The SWl/4 of SW1/4 AND The NEl /4 of SE114 (Includes part of the plate of Golden Spike Park) The SE114 of NE1 /4 AND That part of the SEl!4 of SVV1/4 described as follows: FJnne 6, 200?:L)00< OS 3e 7e \°7lTn\f?4;706\°Xhibit 7.wpu kak Beeinnin`• at the intersection oi~tite centerline o'Bentor. Counir- State Aid Road Number ? tivitii the ~~-est line of said SE]~L of Sh+'1/4; thence?vort't~ alone the Vies: line or said SE1~4 orSV~'1/~+ «distane~ of 617.49 feet: thence North 8R°=3'1 C1" East a distance of 37(1.68 feet: thene~ Soutl; "'~c~~'~?~" East a distance o ~49.?9 iee? tc~ fire centerline of said Benton. Count~~ Stat~• Aic: Road ?\urnb~t- ~: tn~nce in a Southwester]- direction alone said Benton Count- State Aid Roae 1\umbe~- ; u distance of 79~? .8 ~ feet .w the poim of beninning. :411 in Section 1 b. Township 36. Ranee 3U. Benton Counn-. Minnesota, AND The NV-'1/4 (lncludes plat of Maiers Subdivision in 1`'V~'l/4 0; 1~tVJ/14); The V+~li2 of SV+'1/4; The West 899.70 feet of the NEl/4 of SV~'1/4; All that pari of the SE1/4 of SV-~'l/4 lying Westerh~ of the following described line: Commencing at the southwest corner of said S~TI/4; thence easter]}' along the south line of .said SW1/4, a distance of 2,235.67 feet to the point of beginning of the line to be described; thence northerl}= deflecting 89°47'00" to the left a distance of 1,;29.72 to a point on the North line of said SE1/4 of SVJ 1 /4, said point being 78U.2~ feet East of the Northwest comer thereof and said line there terminating; ALL II~~ Section 19, Township 36, Range 30 Area A-1: The E1/'Z of NE1/4 of Section ?9, Township 36, Range 30, EXCEPTING THEREFROM the SE114 of SE7/4 of NEll4. Area B: The Wl/? of Section 17. Tov~~tship 36, Range 30. E3~CEPTING therefrom all that part of flte NW1!4 of SW1/4 lying Southeasterly of the centerline of Benton County State Aid Road No. 3. AND The N1/2 of N112 and the SE1/4 of SE1/4 all in Section 18; Township 3b, Range 30. AN7D The Eli2: =]uoe [, ~OOZ. C]002 QS 30 F:\aA7A\679\2 B6lExniei; 2.vad kek 7 The NE] /~'. of S~1'1 ~~. £XCEPT1Nii TI-IERr,ROM tiie ltiest 89.70 thereo;. ,Sl) that part of the S£]!~ of SV~~)/s )vi ~f Easterh• of~t)i~~ follow+in~~ described lin~_ Commencin~~ at the south~;~est corne;• of said SV.'1/4: thence easterly alone the south tine of said SV1~1 /~;. a distance of =:'3~.6 % feet tc~ the point o berinnin~ o{the linc to be described: thence northerl~- defiectinr 89°47'00" u? tit: left a distance of 1.3?~~.'= to a point or, the Norm line of said SE1/~4 of SV~'l /4. said point being 780.~'~ feet £ast of the?vorthwest corner thereof and said line there terminatin ~T: ALL 1T Section 19. Tov+nzship 36. P.ange 30 AND The 1A!1;2 of Section 20. Towmship 36. Range 30. AND The NW 1 /4 (lncluding the plat of Schramel Addition in E] !? of NW ] /4 j Al] that part of the NIi2 of SW 114 lying North of the centerline of State Highwa}• No. ?~. ALL IN Section 29, Township 36, Range 30, Benton County, Minnesota. AND The Nli2 of Section 30. Township 36, Range 30, Benton County, Minnesota. {Including the plats of Marchris Addition, Marchris First Addition, Marclu-is Second Addition, Mazehris Third Addition and Marchris Fourth Addition} Al] that part of the S1,'? of said Section 30 lying Northerly of the centerline of State Highway No. ., _~. EXCEPTING THEREFROM: All that part of the E1/2 of SD-~l/4 and the Vr'U2 of SE1/4 of said Section 30, lying Northeasterl}• of the centerline of Benton Countti~ State Aid Road No. 1 and lyinc Northerh~ of the of the Northerly rivht of way line of Minnesota Trunk Highway No. 23 and lying Southeasterly of the centerline of a service xoad known as Quebecor Road NE and lying West of the centerline of a service road known as 21st Avenue NE. Area C: The S i l? of Section 7, Township 36, Range 30, Benton County, Minnesota AND PJUne ~. 7002:02002 p! 3@ is\DA1R\F79\]B6\$shi6it 2. d kek Tile S1,"' of Sectioi; ~. T ownshir., 3G. Y.ange 3U. Benton Fount}. ivlinnesotu. A?tiU The Eli. or5ection l". Toti\rilship 36. Range 3U. Benton :,'oum}~. Minnesota. A?~D The Eli? o Section 2U. Township 36. Range 3U. Bentor, Count~~. N]im~esota. AND The VI'U2 ofNEl/4 of Section ?9. Township 36, Range 3Q, Benton Count), Minnesota. Area I?• The N 112 of Section 7, and the N l /? of Section 8, all in Township 36. Range 3U. Benton Count}'. Minnesota. AND A]1 of Sections 9, 16 and 21, Township 36, Range 30, Benton County, Minnesota. All that part of the S11'? of 51/2 of Section ?'?, Township 36, Range 30, Benton Counh~, Minnesota, lyinb Northerly of the Northerly right of way line of State Highway No. ~3. {Includes the plat of Dona Ray (SV+~1/4 of SE1/4)) AND All that part of the SW114 of SW1/4 of Section 23, Township 36; Range 30, Benton County, Minnesota, lyins Northerly of the Northerly right of way line of State Highwa}~ No. 23. AND A1J that part of the N1/2 of Section ~'7, Township 36. Range 30, Benton County. Minnesota, lying Northerly of the Northerly right of wa}- line of State Highv~ay No. 23. (includes McGees Qak Terrace (N 1 /2 of T\T~1 ] !4) 4 AND All that part of the N1/2 of Section 2~. Township 36. Range 30. Benton County, Minnesota; FJUnr E, 2DC2 eC7D03 Of 0. °.\DATA\C?9\286\~hihi2 2.rpd j6: (l l~~in~~ Nort'r; o; th~~ ?voriherh• right oFtiva:- line o Stat: Hirhwa~-?vo. ?.;. (lncludes the plai»5 of Adam: ~-acres lEl;'? of?~7~']/~;.Brennan~s Addition ~~Vl.'~ of?~'~~'l/4 j. WapicadaAdditior, !SE 1 /~ o NE i /~ i. ~~ apicada Industrial Mari: !Ei '~' o:" >\jV•' l /~) and tiVapicadc ~%illaoe la' i : ~ o'' AND 'The SE]!d of SE]!! 0; NE1l4 of Section ?9. Township 36. kange 3(±. Benton County°. Mim~esota. PJune E, ZOG~:C20D2 O[ O? F:\Dl3A\479\286~Exhi6ic i.xof jh: EXHIBIT 3 All that part platted as Marehris First Addition, Marchris Second Addition and Marchris Third Addition, according to the plat and survey thereof on file and of record in the office of the County Recorder, Benton County, Minnesota, as located in the E1I2 of NEl /4 of Section 3U. Township 36, Range 30. AND All that part platted as Adam's Acres, according to the plat and survey thereof on file and of record in the office of the County Recorder, Benton County, Minnesota, as located in the El/2 of NW 1 /4 of Section 28, Township 36, Range 30; AND Tract A: The West 233.00 feet of the North 510.00 feet of the E1/2 of NW I/4 of Section 28, Township 36, Range 30; Tract B: The East 233.00 feet of the West 466.00 feet of the North 510.00 feet of the E1/2 of NW 1/4 of Section 28, Township 36, Range 30; Tract C: The East 233.00 feet of the West 765.00 feet of the North 510.00 feet of the E1 /2 of NW 114 of Section 28, Township 36, Range 30; Tract D: The East 233.00 feet of the West 998.00 feet of the North 510.00 feet of the E1/2 of NWl/4 of Section 28, Township 3b, Range 30; AND All that part platted as Wapicada Village, according to the plat and survey thereof, on file and of record in the office of the County Recorder, Benton County, Minnesota, as located in the Wl /2 ofNEl/4 of Section 28, Township 36, Range 30; AND All that part platted as Dona-Ray, according to the plat and survey thereof on file and of record in the office of the County Recorder, Benton County, Minnesota, as located in the SWl/4 of SE1/4 of Section 22, Township 36, Range 30. Pho¢ 6.100202002 DS ZS FiDA7A10794286\Fxhbil 1.+epd tib ~ ~.~1:._ ~__ l f i - l- - _ -- 'l ~. _ --- .._.___L~~- i:~ l a _ ~_1 Z 2 -,~ ~ .~ W _m Q; - _ ~_ w ~~ i . - --- ~ ~ o~ _.o _.~ ~~ ~~~::: ._ _..~ -----1----~ .r_ . _. 1_ ~ 1- .._1._ --1 --{ ~ .. _~ _ -- - - -1- _, _~ _ rr .. ~ , .-. II .__~ ~ - '~:r1~ - r i ~ _ - „- Q ~- ° .. a " m ~ o ~ Q W ~ Q a a Q W W W Q a Q _~~~ ~~ z _ O z z z O o 0 N ~ a i' / '-' x a. w a a a x x x w w w ~c a z ~ ~ a z z z a a a Q o ~ W a o 0 W W W i O O d O O O O O ~ a a z ~ ~ ~ a a d ''~ ~ ~ ~eovnt u~n.nmfrr~vwrmrmer~~ 3iy n3s na MKW xon¢no ~0•ftlillt3~NORtl YNY~d~N~/m~~~^ 313 M35 Iid 2Kt2+71 20/BZ/9D LESAUK TOWNSHIP ORDERLY ANNEXATION AREA SUPPORT SERVICES AGREEMENT PARTIES This agreement is entered into by and between the LeSauk Township Orderly Annexation Area Planning Board (hereinafter referred to as "Joint Planning Board"), Stearns County (hereinafter referred to as "Stearns") the City Council of the City of Sartell ("Sartell"), and the Town Board of LeSauk Township ("LeSauk"); hereinafter collectively referred to as the "Parties". This Agreement is made pursuant to Minnesota Statues 471.59. PURPOSE The Joint Planning Board was established to Minnesota Statues 414.0325©. Sartell and LeSauk have each appointed three members to the Joint Planning Board. The Joint Planning Board established pursuant to Minnesota Statues 414.0325 is the "governing body" and "board of appeals and adjustments" for the purpose of Minnesota Statues 462.357 and 462.358, within the Orderly Annexation Area. The Joint Planning Board has all of the powers contained in Minnesota Statues 462.351 and 462.364, including zoning and subdivision regulation. The Orderly Annexation Area is that area designated in the Orderly Annexation Agreement between Sartell and LeSauk referred to as OA- and dated .The Joint Planning Board has no resources to support staff with which to carry out their statutory functions. RESPONSIBILITES Option l 1. Sartell agrees to provide staff assistance to Joint Planning Board in land use application review and planning services (future land use planning). LeSauk shall utilize the same land use application submittal deadline as Sartell. For applications which require a public hearing, the public hearing shall be held at LeSauk. 2. LeSauk agrees to administering and enforcing land use regulations within the Orderly Annexation Area, general zoning administration, and general subdivision administration. Additional activities of LeSauk include meeting and public hearing preparation; issuance of zoning and land use permits; code enforcement; and legal support. 3. LeSauk shall asses, collect, and retain all fees connected with services provided under the terms of this Joint Powers Agreement in accordance with a fee schedule approved by the Joint Planning Board. 4. Stearns County agrees to continue to administer the provisions of the Shoreland Management Ordinance, in accordance with the terms of separate agreement by and between Stearns County and LeSauk. Option 2 5. Sartell agrees to provide staff assistance to the Joint Planning Board in administering and enforcing land use regulations within the Orderly Annexation Area, including planning services, zoning administration, and subdivision administration. The specific activities to be provided by Sartell include, but are not limited to: application review, meeting, and public hearing preparation; issuance of zoning and land use permits; code enforcement; and legal support. 6. Sartell shall asses, collect, and retain all fees connected with services provided under the terms of this Joint Powers Agreement in accordance with a fee schedule approved by the Joint Planning Board. 7. Stearns County agrees to continue to administer the provisions of the Shoreland Management Ordinance, in accordance with the terms of separate agreement by and between Stearns County and LeSauk. 8. Stearns County shall administer and approval of individual sewage treatment systems and collect and retain all fees connected with the services provided. WORKERS COMPENSATION Each party shall be responsible for injuries and death of it's own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for workers' compensation benefits paid to its own employee or volunteer on their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers or volunteers. DAMAGE TO EQUIPMENT Each party shall be responsible for damages or losses of its own equipment. Each party waives the right to sue any other party for any damages or to loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. LIABILITY For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers assigned to each party perform the party's role and responsibilities shall not be deemed to be employees of the Joint Planning Board, but shall remain employees of the assigning party. Each party shall fully indemnify and hold harmless the other members against all claims, losses, damages, liability, suits, judgments, costs and expenses by reasons of the action or inaction of its employees assigned to support the work of the Joint Planning Board. This Agreement to indemnify and hold harmless does not constitute a waiver by any members of limitations on liability provided by Minnesota Statues, Chapter 466. TERMINATION OF SUPPORT SERVICES AGREEMENT The terms of this Support Services Agreement shall be in force until such time as all property within the LeSauk Township Orderly Annexation Area has been annexed to Sartell in accordance with the terms of the Orderly Annexation Agreement referred to as OA- and dated LESAUK TOWNSHIP ORDERLY ANNEXATION AREA SUPPORT SERVICES AGREEMENT Date: LESAUK TOWNSHIP ORDERLY ANNEXATION AREA JOINT PLANNING BOARD Its Chair Date: STEARNS COUNTY BOARD Its Chair Date: CITY OF SARTELL Its Mayor Its City Clerk Date: LESAUK TOWN BOARD Its Chair .~ A 0 .~ 0 a W c L 0 a i a w a v fi RS ro wo c .o [S C O U y ~. L w ~ ti ~ ~ ~ .~~ 0 ~ ~ ~ ~ ° ~ ~ o~ ~ •~ ~ ~ y ~ ~ ~ ~ ci Q -o ~ e i a0~ ~ o ,s ~ o ` ~ 0 c ~'~ . 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O ~ A ~ ~ ~ ~ ~ ~ ~ U~Q X • ~ ~ O ~ ~ ~ ~ ~• ~ cu ~ ~. ~ O ~ O N ~ ~. ~ ~ ._ `~ ~ ~ O ~ O ~ O R ¢' N ~ ~ N O ~ ~ ~; ti N ¢; ~ ~ N ~ . ~ ~ ~ ~ o a' ~' ~° :; o ~ coo ~ °. ~ ~, `~° ~ o a ~ cu ~ o ~. ~ ~ o ~ ~ ~ • ~ ~ o` ~ o' ~ ~ ~ r° ~ ~ ° c ~ ~ o r* ~ va a. ~ a. ~ o ~ ~ `° o o ~+ ° ~ ~o a, " ~ A c ~ ~ o '-ti ° o ` -+ ~ ~' c. ~. co c~ ~ ~ ~ a o _, a s ~. o c. a ~ ~ ~ A O ~ ~ ' N O ~ "'~ ~ ~ ~ ~ CD Q.. 0 "~'S (D O 0. 0 -s 0 y 0 N 0 o~ vo c '3' 0 e~ ~a c 0 A b 0 0 C A~ b y O' ~~.y V K 'S A' v 'L ++ y A 0 .~ c a W a s, as m 0 a 0 S., a v C G "~ bA C .~ 0 U y C. it CAS ~~+ a~ ~ ~ a~ ~ c ~ ~ F" ~ ~ ~ ~ ~ 0 0 ~ •~ .~ ~ O ~ .~ ~ ~ ~ ~ ~ o ~ .~ ~. ~ ~ o ~ ~ ~ ~ ° ~ ' ~, o ° w o ~ o ~ +.+ ' L b ~'" Q - N .~ ~ °"O n ~ ~ ~ . c ~ ~ _ o a~ ~ ss, ~ o o ~' ~? 0 3 ~ ~ o o ~ o '~ ~ ~ ' oQ 'moo ~ acv H o U c~ Q~ ~ Q ° ~, ~.~ -b °' 'd ~ o ~'" 0 0 ~ ~ -~ o .r ~ O C N ~ y o . ~ ~ ~ >' ~ ~." ~ O ~ id ~ '~ ' i, ~ .~ >, vii ~ ~ ~ ~ o ~ o • ~ ~ ~~ o a ~ ~ ~ b ~~~ ~~ . ~ a~ 3 ,,~ ~ ~ ,~ ~ ~ o on ~ ~ ~ ~' ~. o w N ~ cam, °' o ~ ~ ~, ~ ~ ~ ~ U ~ ~ . ~ ~ a~ o c ~ ,~ v ~ ... ~.' y ¢ bA G~ N U it ~ ~" r.+ O ~1. ' ~ ~ ~~/ ~ ~,.~ orb ~o ;moo =~° ~. ~ . a~ er ¢ c A a~ -c 4 ~ ~ ~ -~ . o ~ ~ ~ 3 c ~, p., . ~ ~ ~ ~ fl `~ C ~ ~ ~ ~ ~ ~ ~ • ~, hS ' id eti ~ ~ C%~ . O 'b ~ ti " b A aj ~ C as U A w rS; C7 ¢ pa Q ., 00 Q~ ~ ~ O~ p~ 0 O N ~o A ~Q ao o~ b a ~o w O ~ d ~ ~..~ ~ n b~ ~ O U~ p~ ~ cG ~ ~• ~ ~ Q- ~ ?' ~• n ~ n A~ ~' O ~ .0., 'C ,N, Uq' ? ,..t ~ ~ ~ f0 `1~ ~ ~ n N n C7 `G ~ ~ O vo m ~ O N v' O ~ ~ ~ O ~. ~ ~ (D ~s O O sv CD CD O O O O ,~'. ~ O ~~~ A~ <D ~ ~ O.: G ~ ~_ • ~ ~ ~~ ~ ~. ~-- ~ A"A! ° y N O ~ ~ ~.. .. O ,.~ Q. ~' ~ vi ~~ ate' o ~ o G.. ~ rr O (D h O "~' ~ A ~ ~ ~ ~ A~ '~ p' ~ r+ to ''~ ,~.~ '+ '-" N to ~' ~ ~ N ~ ~ ¢, ~ to O i Q. c ,~ \ O O ~ ~ O Q. "~ ~ ~ ~ O. ~ a- tin O N ~ C1. O ~ fD ~ "', cD ,..r v' O '"~ r: ~ ~ n pa .y N ~ rn ~' ~ n ~'• ~ ,..t ~ A ~D ~' O ~ ~ 't3 y ~ N ~ A~ ~ cp ~ A~ t9 ~ ~ N (~ ` COi N N ~ ~- `_' G. ~ G. ~, vOi ~ ~ ~+ cOn ~ `3 ~ ~ r+ vii A~ ~ O '-' -~' O `C ~ .•~• ,~,' O A~ d' n A N ~ ~ N \ ~ ~ N n A~ ~ (9 ~ A.. (D ~s ~ O N O " ~ (D ` p ~ ~ p, ~ c ~ 0 ~ c~ o c~ o ~ ~ ~ ~* ; co C7 ~ ~ ~ n• ci ,~ A ~ ~ x o ~ ~ o ~' '~ `< °' `D ~, ~- cnu `~° `~' coo via ~ ~` ~ w ~ ~ ~ o c u c o ~ ~ ~ ~ ~ c~ a a a 0 0 0 • ' ~' ~ ~ a~ n 0 a ~N O ~. ~• b G+ A~ A b s 0 ~. o~ a a ~. 0 a d A~ u .~ ... A c 0 .~ c c~ c W a ~. d QI CC ^O a~ v C C~ C bA C .~Q Q .~' c J O U m c L CO ~Fn •° ~ •~ ~ ~ o ~ c~ Q. •O ~ on~.~ ~ .~ ? U Q ~ ~ ~ ti O c~ 'i. ~ 4 3 .~ ~ O O O -p V ~ b! .O ~ ~ U ~ ~.r p ~ ~ U C a~i ~ ~ «t .~ ~ ~ 4 ~`~ ~'0,~: ~O li • k «t ~ ~ ~ ~ ~ ~ C v ~ o ~,~ c~~ W ~ ~ V 'b O O ~ CS U U > ~ ~ sue, O ~.~~~ ~r a~ ~ O ~1-+ ~ ~ ~ ~ 0 0 4., '" ~ ;~ ~ ctt ~ ~ ~ ~ ~ `~ •N O ~'~ o-0 3 ~ w ~ ~ ~ .~ O i~ i- ~ N N ~ A ~~~+ O ~ ~ U .~ 't7 N N cad ~ y ~ _~ i3, ~ cd ,•~ ' ~, ~ ~ 3 ~, a~ .~ ~ ~' o ~ O ~ ~ O ~ ~. o ~ C'~^~ ~ ~ y N ~ ~ ~. ~ ~ ~ ~ ~ O ~ 'b ~ H ~ ~ °~ ac U •L y O d' .~" ~-+ y C~ U .~ h b O ~' Q Q~ .~" C~ Q~ G~ z w w o o b ° ~ ~ • ~ • p ue ~ U , e~ • C ~ ~ N s .. ~`~3~~~ O ~n U ~ N N ^O ~ G ~,~ (~ ~ ~.., o A ~ '~ ~ ~ 0 F ., .~ ,~ y a i ~ ~ L,' ~ ~ ~ ~ ~ V ~ +' O ~ ' i 'O O , ~ ~ ~Q O ~ ~ > ~ O ~ L ~ ~ •~ ~ ~ ~ ,r ~ O ,~ • O L k~ V ti O~ w N bA c~ ?~ 0 ~. O " n O O y ~ a~•~~~• ~ ~ ~. ~ ~ a~ ,~ ~ Ri U c~ ~ iC p ~ ~ ~ 4: C ~„ 0 O ~ V Q ~'' ~ 4 ~ L" L, ~ ~ N . U ~ L ~ ~ C N ~ ~ b .~ ~ a> _ ~ ' O •~ - y,., u ~ N~ N~ O ~" ti O U A•~r4ri!-c Qc~ TS a.~ ~ .-. N y. .~ bA L"r O O do O . ~ -moo ~•~~~~ `0~~4"~~Nb~ ~. e~C ~. e~ •a:+ •~ C v~ A N s., bA y 0 ~ ~ .b .fl N ~ ~ ~ a ri; ~ Ri •~ V O ~ ~ O .rn. ~ O O r... b ~ ~, .~.+ v~ O •~ "C U O O i i~ + N ~ ~ G ~ ~ ~ h O ~ N O •v v O "C •i• ~ -C '~ 'O oA 4.. -c ~ ~., W w M 00 0 0 N M o~ -o o, o~ A OQ oro n a w ti N O ~ y ~ ~ ~~~d ~ ~ ~~ ' o ry ~yo ~ ~ ob p ~d~ n r" ~~ O p~~ CS ~ \" ~ N ~ ~ ~ C O c a i ~ ~ ~ ~ ~° s ~ k r ~ u a s ¢; ~; . ~ ~ ~ ~ fD ~ a ~ a o CD ~:~ o 00 ~~ ~ ~ ~ ~ •, . .,,~ • ° ~o ~~~ s~' ~ ~ ~ ~ ~ o o CD ~ ~ ~ ~ i = h ~ "~ N ~ A~ ~ A • (D ~ C ` ~ ~ ~ y ~ ~ p O ~ v i ~ t7 ~ O O ~ ~ n ~ r i, ~ O ~ ~ QQ fD '~ v' O ~ fD ~ • O Q ~ O ~ O p~ O ~ A? O O O ~ C. O N c D co y y < n cD ~ ~ O. O N ~ ~ ~ n ~ ~ ~ O P? ip ~ O ~ , .,~ O ~ ~ ~ C ~ ~ ~ p ~ O • A~ ~ ~ Al O p. ' ~ ~ ~p ~' G ~ .Z ~ (D ~ n 't 3 (D . v ~ 't ~ ~ ^' ~ p .~ ~' coo in' ~ ~ ~ ~ C ~ ~ ~ ., _ ~•d ~ ~ ° y• ~ o ~ ~m ~ ~ ~ s o ~ c ~ ~ `° ~ ~ ~ ~ ~ . 0 ~ ° ~ ~ d `~° o p ~- w coo ~ Q* ~ '~ ~ ~ ~ c~ a c~ ~ ~ ~ ~' ~.cna~ ~ ..~ ~ X O .~*' O ~ ~ ~ N ~ ~ ~ A~ J N ~ ~• w O ~ ~ ~ N ~ ..i ~" a ~ ~N~ N~'~ ~~ o s ~ a ~~~ ~ ~ ~ a~ a. ~ ~ ~ ~ ~ p fD Q_„ fCD ~ O • O n O N ~ ",~ ~ ' " ~ '~s ~ ~ • ~o p u ~, ~ ~ ~ ~ ~. ~ ~ Q-' ~"'~.O C7 O O Uq `J" A~ ~ K n 0 ~' ~' QQ O A A "C A7 b 0 0 y d 'S m °o• d A• V •L ~-.+ A C 0 .~ c a W C RS L ra y ° ice, a ~. V C C bD C .~ c 0 U h a L RS ° U ~. N •3 0 c o k U ~ ~ ~ 0 3 O N • ~ ~ o a~ ~ „° o ° on o ~ •~ ' ~ b • ~ ~ ~ .~ ~ .fl N O 4r y U ~, ~ C .r ^ 3AZW;.~ ~ ~a~~~ ~o ?~ ~ ~},~~ o U - ~ ~ v ~ ~ ° ~ d W ° ~ ~ ~ Q, ~ W ~ .~ ~ ~ ~ ~ .^ w ~ ~O s~, ~, ~ o ~~ ~~,• ~ N r-r c~ ~ • N C Cij ai p U L ° ~ "C ~ ° ~ y «S U N N ^, U ~ X~ N O~~ ~+ .O +_~+ O ~ b ~ O U U U T3 ~• C . x • p' O~ y '"a 'ti o~p N O ~ O ~ O ~ p ~ ~ y w ~ ~ ~ '~ a N ~ y O N ~ ~ -o ~ N ~ ~ ~ °j" N o U ~ ~ N ~ ~ ~ ,~ o ~C N V'1 ~ N •ti ~ ~ . ° N ~ ~ ~ ~' ~ 3 ~ ~ ~~ ~ ~ S], . C 4.~ .,~, O ~ ~ O cd c~ v~ ~ C Q •~ ~ > ..+ ~ ~ U ~]" c~ N ~ 'O •N ~ ~ ~ ~ bA U U A 0 O N M 0 d d A a ao b OV W ti ~d ., N ~..~ ~ ~ ~ a ~ :~ ~ ~ A dy d; d ~ o~•r ~ ~ O N r ~ ~~ ~'d A ~ ~ ~ x ~•~~ ~ ~ ~~ A G~ " ' C D ~ ~ ~ ~ ~-• ~ ~, ¢' ~ a < ~ ~ C N CT ~ D A~ ~ v~ • Q' to • N O ~ 6 ~ ~• =•~ O ~• ~'~ ~ '': O to ~ ~ ~ o r« mho R ~ o o c°u ~ O macro o n ~ ~n,~ ~ <'o ~ <•`.~° . ~ ~..0 ~ UQ ~ A ~ ~ ~ ~ . p rQ ~ ~ ~ ~ • ~ O A " ' UQ • O O• • ,-' y .~ y ,~.~ O ~ Cr ~ CD B p O. D 7 K ~ ~ C].. ~ O N ~ ,.., ~ ~ O M (D A ~ O 'L3 ~Q • ~ cu a' o cD ' ~ ,~ ~, v, ar ~ C ~' ~ o O lD o ( a O ~ ~ ~ o~ ~ ~ ~ ~ o o ~ ~ ~ -s ~ ~ ~ O' ~ O _G. O v, • O O ~ G iv ~ ~ c~u R ,.r v. O C ~s co y v cD O O • `C ~' p'.. ~ p' -»~ pi O A y '* O .C A~ cOo ~ v, A'+ Q-; ~ O'• ~ . (u .fl O O O '_" A~ y y ~ ~ ~ O C, ~' ~ ~ C ~ ~ • ~ ~ ~ ~ ~ ~' ~' A ~ --3 ~ o ~ ~ ~ ~ ~ c FS ~ a ~' A ~ ~ o ~~ ~~ ~ ~ u, d ~ ~ p ' ` •t ~ Q.. .`S• ~ ~ ~ •~• r ~- " j ~ A rte,,. ~ fA ~ ~ . ~' ~• ~ ~ ¢, ~ yJ N • • ~ A ~ • (TQ ,~~. ' N O ~ A~ " ~ ~' Vi ~ C A tOn `~. • ` f• • N ~ • _~ '~ to ~ O >C V1 A N O "J • ~ ~ '~ ~ ~ ~ ~ ~ ~ r+ O~ ~ A ~ O ! ~ Vii ~ ~ ~ O K "~' .. !/~ ' UQ ~ O OQ ~Q (D ' , ... lD ~ '~ ] O ~" ~_ r"S ar~•i~ A ~ ~ ~ O m ~, ~p O O to ~~ A~~'., O ti O ~' c ~ ~ ~ • ~ Y ~ t7 ,.. ~ ~ ~ O ~ ~ ~ ~ ;+~ ~ o n o ~ ~ o ~, w cu ~ ~ y° ° ~ ~ a' ~ ~ ~ ~' ~' A ~' ~ c~ a ~ • c~'o ~n r. ~ `~ o a ~ ~; ~ o ~ ~' ~ ° ~ ~ ~ ~ °+ ~ c o ., •~ •~ ~ o ~•~ w CD o ~ O ~ ~ ~ a~ O~ ~ ~ w ~ `' ~ N o ~ '"•a ~~ o N aro ~ti ~ a ~ P- ra ~, ~ ~ va ~ .~ • ~ = y ~ ~ cu' Q- ~ ~ (") ~ ~ ~ ~ r~+ ~ ~' N ~ A C ~' ~ O ~ ~ iD r-y "'h v, C C ~ cr N X ~ ~ ~' ~' ~~-rs Vi ~, ~ in O ~ ,~0. ~ ~ ~ . ~ ~ ~ ~ ~ ~ v, ~ ~ ~ • a W ~d ~ -s >C ~ O O ~-.: A ~ N G • • ~ O.. A O ~ -„~ ~ .~ rn O O h A • o ~r ~ O 0 y 0 R ~N O ~' va O O •a a '.- b 0 ~a 0 y Q. a A~ J A~ O O• O d Vl• r'S A• u .~ H .., A 0 .y L' d Y~ W C L 'C O O. L a ^a v C L bA C .Q~ N C D O U y C L. C~ o, U ~C N 'L ~_ O d' Q N r'~-+ ~ Q Rf ~ O ~ O ~ ,~ N `~ i i i ~ 3 ~~ U ~ C~ ~ ~ N ,,,0 C/1 U c~ O ,~ O ~ N N .~ ~ .G V U ,~ O ,~,., ~? N ~ ,_.,, Q rn N~ O ~ ~ v y C a ~ ~ ~ ~ ~ O w U ~ ~ ~+ N o .~ ~ N ~ ~' +' 'b W a, a~ N '~, ~ .".~ ~, ~ O 3 ~ .o ~ 3 ~ ~ ~ ~ ~ o ~ ~ ,~ E ' '~ .~ ~ ~ > ~ c .r ~ = v '~ ~ ° ~ ~ ~ ' o ~``" a~ ~ o ~ o ~s ~ o i a i ~ ~ k ~ ~ O C ~ ~ O~ ~ O '' n~ 'w 'C y~ N O ,~ Ci ~ V -- , U O, ~ 0 '" ~ ~ O O ~ h . ~ p fl ~ ~ ~ ~ N ~ "~' ~ ,~ ~ ~ O ~ ~ '~' "C7 N ~ .~ ~ ~ ~ " ~ ~ ~ ~ C ~ O ~ N .~ ~ '~"' ~ K "a '~ ~ ~ O O ~ ~ w ~ O ,O 0 c~ ~ i . ' ~ ~ ~ ~ ' ~ ~ ~ a~ ~ ~ ~ ~ v, O Cs .~ ~ .., 4.. a~ ~ cd cC '~:. ~ o a~ a~ ~ 'i. ,~ ~ C. ~ rn ~• o a~ ~ a~ ~ 'Zt ~ .~ O ^~ a ~ . ~ ~ ~ N o ~ ~ ~, ~ ~ a ~ ~ ~ ~ ~ ~ ~ o ~ o > ~ ;~ ~ ~ ~ c ~ O y O O ~ U ~ V O ~ ~ ~ ~ ' ~ V + + ~ ~ ~ ~ ~ v i . d p p ~ . bA % bA - . .• i~ W ~n ~n ~. ~n ~ f-~ ...~ v~ F" ... r~ N C1. N ~ ~ + ~ Q ~ C/~ W O v V~ C/~ (5~ L7 . .. , ., r ~ ~ ~ ~ ~ ~ ~ N M U N Q iC O~ 0 O N V 0~ Q ti ti 0~ ao ti b a w ti °o ~o y ~'' C~ G7 ... ... c o ~ ~ ~ `~° ~ ~ ~ nova ~ O v, r. o~ 'd y n ~~ ~ ~ ~ ~ n~ . ~, ,A 0.O fD .7 ~ A ~ Q= ~ tD N ''~ '.3 A (D A~ ~ ~ ~ ^ co O ~ CD G. v~ ~ ~ ~ CD CD dE ~' CD ~ v~ ,O_, R. (~ Vi O "'s O "'t O i't ~, w O. ~ ` ~ ~ ~ ~* ~ o - 's ~ ~ o ~. ~ o ~ tai O N O.. ~ O o ~ N ~ r+ A C/~ A ~ /~ ~ "' °' Cd ~,, ~ n c o ~ o. ~° ~ ~ ~, ~ ~ ~--: ~ ,~ ~ '* ~ ~ ,~¢ ~ ii~.~'~ N ~ a~ a~~ ~,~ n n~ n~. , O ~ ~ b~ '+ O N O ~ ~ ~ ~ ~ . Un p n ~ ~. k O' ~ S ~ ar ~ '~ r. N In O . ~ ~ ~. C W W O O ~ ~ p O O O O N O U O .t ~ O ~ O O ~ ~. ~ A (~'~ ~ ~' ~ O O O.. ~ ~ B ~"~ ° ° ~ ~ ~ ,,, Y c. ~ ' ~ c. cu ~ o CD a a ~- ~ o ~~ ~~ a tr-' ~~ ~"~` ~ ~ ~ ~ ~ ~' ~ ~ o o o ~' ~ o o o ~ ~' ~ ~-C O a. O a ~ ~ x ~. ~ ~ co Y 0 f~. • n ~s 0 0 a 0 N 0 a ~' QQ Q. a• "~ a A b 0 b 0 ~a 0 ~. 0 d A~ u .~ ~.+ A a 0 .~ c ea ry W a L '~ h O G O L a 'C a D a~ v c b ~o a .~ [~ a 0 U y C L RS w U .~ v 0 Q a~ CC y h .~ 0 U O N ai .C bA C '~ .~ .D \° 0 Vl ~ ~ ~ ~ y ~ U ~ '_' Q -~" ti ~ ~ r' f-' -~. O +~ +~+ '~ > a.~ ~ ~ '~ o a~ ~ ~ ~ ~ ~, ~ w ~ •~ o ~ o ~ ~ ~ U ~ '~ „ ~ ~ dam' a~i -a H ~ v rl YE O~ O O N M o~ ,o a~i 4Vi A M ti