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Home My WebLink About1996-01-09 CC Packet Special Meeting ~ .,., . . SPECIAL MEETING CALL TO ORDER ROLL CALL AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 96-2 January 9, 1996 1. Workshop - St. Croix Valley Sports Facility Commission 2. Workshop - Task Force on Orderly Annexation Update 3. Other business ADJOURNMENT \agenda\ws 1 09 7:00 p.m. Council Chambers 216 North Fourth Street ~ MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: January 5, 1996 RE: WORKSHOP TO UPDATE COUNCIL ON MIGHTY DUCKS FUNDRAISING EFFORTS AND DISCUSS NEW IDEAS REGARDING FACILITY LOCATION AND FUNDING The City Coordinator, Finance Director and myself met with members of the St. Croix Valley Sports Facility Commission (Dick Olsen, Otto Bonestroo, Michael Palehna and Councilman Cummings) on January 3rd. At that meeting, staff was briefed on the fund raising efforts to date. Dick Olsen also presented ideas regarding alternative locations for the sports complex. At meeting time, a list of items to be discussed will be presented by Dick. . . e . . 1/9/96 TO: FROM: RE: NOTE: --...--..-... ---. ... - - - -._--'--~.._-~'-.~.. "~'-'."'.'-'''-''''''''- --,.,-_.,",,-,--:._--,..-._~::;-p_. -'~:-:--"~'--. ,-----.------ - . CITY OF STILLWATER - COUNCIL ST. CROIX VALLEY SPORTS FACILITY COM1v.fiSSION 119/96 - UPDATE "Give me a dollar" 1. Review Committee/Support Staff 1.1) Finance Committee LiaisonlFund Drive Chair, etc. ,,~~ St. Croix Valley Commission Rich Cummings Cheryl Kohout Michael Polehna Dick Olsen Otto Bonestroo A. Communities B. Mighty Ducks C. F CWldations D. Special Gifts E. 1) Hockey Assoc. 2) SAHS Teams 3) SAlIS Team Alumni F. 1) S.C.V. Soccer Assac. 2) V AA Soccer G. Busine&s (Founders) H. Businl:llS (Regular) 1 General Fund Drive J. Spe.akexs Bureau K. Coostru.ction ... L PRlCommunicatiODS M Service Clubs Otto Bonestroo Rich C~g'l Cheryl Kohout Dick Olsen... Mike Polehna Mike Polehna Dick Olsen Rich Cunun:ings Dick Olsen Dick Olsen Dick Olsen Dick Olsen Mike Polehna Otto Bonestroo Otto Bonestroo T.B.D. Otto Bonestroo Otto Bonestroo Agnes Ring Dick Zinnnennan Mark LoefiIer - Note #1 Ted Wright Bill T ait T.B.D. T.B.D. John Hooley T.B.D. T.B.n. ? Otto Bonestroo Agnes Ring T.B.D. Hockey Assoc. Drive mailing label:! Fund Drive Liaison Chair Note: #1 - Seventy-five (75) workers contacting Hockey Assoc. members. 1.2) Support Staff: A. Sue Lick 733-4864 (W) - 436-8152 (H) 436-3667 (Fax) B. Betty Nelson 439-8974 Dutv Directory (telephone & 'pledges). P.O. Box 903, Stillwater, MN 55082-0903 Page -2- . 2. Mi2btv Ducks 2.1) Rejected Friday, 12/15th. 2.2) Hope to be part of Phase II - March/April of "96". A. Dodge County already approved for Phase II. B. We probably will receive:Mighty Duck grant under Phase II - if we have our funding completed. 3. Foundations 3.1) Margaret Rivers approved $200,000 ($40,000 for 5 years). 3.2) Waiting for other foundations to meet Foundations . (~Dt 95 ~ JaB. 96) I I _ I.etter'!. ha~ been sent to FOllndations. :_u I Returns - Fdns. 1st Tier 1) H..B. Fuller Karen Muller 2/15/96 2) Margaret Rivers Bob Briggs 12/14/95 3) MAHADA 12/15/95 4) Bayport . 11/15/95 5) ADC Telccomm. Helen Canning 12/15/95 6) Hugh Andemn Peggy Scott Van WychCIi. 11/15/95 7) Norwest Fdn. 12/22/95 8) Gencral.Mills ? 9) Mardag F dn. ? 10) St Croi:t Fdn. 11) Tozer.l 12) NSP ~ 13) Others ~ Application Request .3 Date ~ Status Open Approved Open Open Note #7 Note #6 Note #8 Open Open Open Open ? . ? Subtotal: :51,672,000 -4 2nd Tier (after 11/15/95) 14) American Bank TBD 15) McKnightFdn. TBD 16) Josten:! Fdn. TBD 17) T argct TBD 18) Bremer Foundation TBD Notes: 1. Rich C. submitted already to Bob Davis. Mike Polehna checked with Al"Rmum. (AI on vacation) . 2. Send NSP request Dick Olsen talked to Dave Schwartz. who will work with us. 3. Up to 5 yc:sr pledge/payout. 4. This is total we gaVe to foundation requests up to 11/15/95 submission. Amount might inCT"'..ase wl2nd Tier foundation (ie. found:1tions contacted after 11/15/95). 5. Foundations which rejected our request: 5.1) Andersen Fdn. (Told us to contact Bayport Fdn.) / ~iper Jaffray / Cargill/ FlISt Bank System (will transfer to Cafporate list) / Ecolab 6. Letter of 12/5i95 said they would review on or about 1/31/96. 7. Letter of 12/5/95 said they will review late Ian. 8. Dick Olsen met with Steve Zinnel on Friday, 12122nd. . __4______..._....._...'.____ __ ~___......._~.~..~ __..______.______...______-.:_'----__________...______._..__ . 4. Communities Page -3- Subtotal: A-18) School District #834 A-19) Washington County Notes: 1. 2. 3. 4. .5. 6. 7. 8. TOTAL: 2, 000 2,000 939 3,778 out 4,664 1127 2,006 321 608 2,535 3,701 343 out 2,066 1,736 out 27,824 Tuesda , 11/21 Monda , 11/6 Monda , 12/4 Tuesda , 11/7 Tuesda , 12/5 ThUTS , 11/9 Monda: , .10/16 Tuesda , 11/14 Thursda , 12/14 Jan "96" Dick! - RichlMikelDick MikelDick ChrisI1Vfike RichlMike Otto/Dick . Otto/Dick Otto! - RichlDick Mike/Ch I Otto/Dick OttolMike Richl - Mikel - Dick! - DicklRichlOtto RichlOtto en - See Note #6 en - See Note #7 Re' ected $8,000 en $100,000 Decision 12/15 See Note #1 Decision: March See Note #8 $108,000 See Note #2 See Note #6 Open City of Stillwater donating land $680,000. Dick Olsen met w/Dan Parker of School District #834 on Thursday, 12/14th. Presentation-Jan. "96". Total doesn't include Stillwater ($680t900) and School District #834 ($170,000). (A) Potential $69'5,600 (excluding Hugo, Woodbmy, Stillwater). (B) Goal $501,520 Community Formula: $2.501yr.person or $25.00Iyr/person/lO yrs. Rich Cummings will check w/Bayport - Marine - Lake Elmo - Wash. Co. Otto doesn't want to make contact until there are more positive responses. Dick Olsen talked to John McPherson. Will schedule appearance at Jan. or Feb. meeting. See Notes #3 - #4 Page -4- 5. Hockev Assoc. Drive (Dec. "95" - Jan. "96") 5.1) $1.00/daylyear for three (3) years. 5.2) Goal is $400,000. 5.3) Pledges = $ = $ Ave. 6. Soccer Assoc. Drive (Jan. - Feb. "96") 6.1) To be set up 7. Snecial Gifts (Jan. - Feb. "96") 7.1) Dick Zimmerman - Chair 8. Business (Jan. - Feb. "96") (Founders) ($25.000 & Up) 8.1) Jolm Hooley - Chair 9. Business (Feb. - Mar. "96") (Regular) 9.1) Chair to be named . 10. General Fund Drive (Feb. - March "96~~) 11. Misc.: (Review) 11.1) Pledge Card 11.2) Brochure 11.3) Short term finances 11.4) Secretary help - who pays? __ 11.5) Site relocation (see yellow sheets) 12. Other Items? . . . e Page -5- 1/8/96 SPORTS COMPLEX LOCA nON Questions: 1. Should we consider relocation of Sports Complex? 2. Is existing land to valuable? 3. Is the best useable site at SAHS? Note: Decision is not required until approximately lvfarch "96". 1. Financial (to City of Stillwater) 1.1) Value of land A. Armorv Site 8A. x 43,560 s.f. = 348,480 s.f. @ 3.00/6.00 B. City Site 7.2A. x 43,560 s.t = 313,632 s.t @ 3.00/6.00 ~fin $1,045,440 Max $2,090,880 $ 940,896 $1,881,792 . 1.2) Cost to Purchase New (Stillwater Township?) Land A. Armorv Site SA. x 43,560 s.f. = 348,480 s.f. x 0.25 ($ 87,120) (S 87,120) B. City Site 7.2A. x 43,560 s.f. = 313,632 s.f. x 0.25 ($ 78,408) ($ 78,408) C. Add More Land to 20 A. 4.8A. x 43,560 s.f. = 209,088 s.f. x 0.25 ($ 52,272) ($ 52,272) 1.3) Donation to St. Croi'{ Valley Sports Commission (i\rlunicipal) A. 15,000 x $2.50 Note: Pay at time of closing in lieu of 10 yr. payout ($ 375.000) ($ 375.000) 1.4) Net Proceeds (Profit) to City: $1,393,536 $3,379,872 Note: City would be under no pressure to sell land because City has no holding costs. . 2. Reason to switch sites: 2.1 ) To City of S tiTIwater A. Profit $1,393,536 to S3,379,872 B. Better use ofland C. T ax. producing land D. Provide more jobs Page -6- e 2. Reason to switch sites: (can't) 2.2) To School District #834 (for an investment of $167,000 plus land donation) A. Two (2) new buildings on SAHS campus for school uses - (intramural sports - Phy Ed. - other educational uses and functions). B. Common concession stand - toilets - locker rooms for Football. C. Obtain home field for Hockey. 2.3) To Sports Facility Conunittee A. $375,000 municipal donation from City of Stillwater will assure municipal projected donations of $501,520. B. Savings in construction cost: B-1) Parking lot $182,680 B-2) Retaining wall 117,430 B-3) Excavation 30.000 Total: $330,110 C. A $705,110 switch in funds (ie. $375,000 in new income plus .$330,110 in construction savings). 3. If rel~cation is a good idea, the following (plus other) questions must be answered. 3.1) W110 owns? 3.2) Who operates? 3.3) If on SAHS campus, what % of operating costs does School District #834 and Sports COIDIIrission pay? 3.4) Will Annory relocate? 3.5) Will City relocate Public Works Building site? 3.6) Will orderly annexation prevent Sports Complex relocation if other than SAHS site? 3.7) Will Oak Park Heights object? A. If at SAHS? B. If next to sms site but in Oak Park Heights? (Note: Loss of real estate ta,'\.es) 3.8) Does this affect our ivfighty Duck application? 3.9) If building upgrades are required on SAHS campus, who pays for extra costs: A. School District #834? B. Sports Commissi~n? 3.10) Will need drive-thruIdrop off drive for Sports Arena and Fieldhouse. Will School District #834 allow? \Vill site allow? 3.11) Building usage must allow prop~ public use. School usage 8:DO AivL - 3:00 P.M. plus game time and inclement weather practice "Nfonday - Friday'? . Note: There are more questions - please submit your questions to Dick Olsen. . 3.12) Will School District #834 site have proper drainage. 3.13) Cub gave land to City YIIith provision that land is for public use. Will Cub amend? e . . Page -7- 4. What steps are required to make site ded5ion: 4.1) City Council pennission to investigate. 4.2) St. Croix Valley Sports Facility Commission approves investigation. 4.3) Sports Commission check with various municipalities, School District #834, Cub Food and others. 4.4) Sports Commission complete :final report for final approval. ~. . . . MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Update on orderly annexation discussions DATE: January 5, 1996 The City Attorney will provide the Council with a draft of the proposed "Orderly Annexation Agreement" at the meeting Tuesday night. Mayor Kimble, Councilmember Zoller and City Attorney Magnuson will explain the agreement at the meeting. - ~~ . . . Orderly Annexation Workshop Joint City Township Task Force Summary January 9, 1996 Package Contains * City/Township Orderly Annexation Outline * Letter to Township Attorney * Draft Annexation Agreement * Color Phasing Map of annexation area * Pages 24 & 26 ofTauteges Redpath Report Items for Dissusion Phasing Phase I Exhibit "B" - (YellowlBlue area) Immediately Exhibit "C' (Orange area) After January 1, 1999 Exhibit "D" (pink area) After January 1, 2002 Remaining land bordered by TH 36 & 96 & Co Rd 15 (White area) After January 1,2007 Phase n Phase ill Phase IV Note: Sect. IV(5) Sect. N(6) City may annex the following Phase (Example Phase n follows Phase I) earlier if the proceeding Phase is 75% occupied. City may also annex any adjacent land to the City, earner than outlined, providing 1000.10 petitioned by the property owners and the no more than 120 units are developed that year. Questions for Council 1. Do we agree with concept ? 2. Should (can) the time table be extended ? 3. Should Sect. IV( 5) say "must annex according to the agreed upon time table or have at least 75% occupied in the prior phase, which ever is later" prior to next the phase. 4. How does this effect the Bergman property which is planned for "research and development" S. The Abramowicz property (Orange area) has indicated a desire for early annexation, how does this agreement address that issue. 6. Other questions: . . . , Commereial Development Limit the 6.3 acres on the southeast comer of Co Rd IS and 12 (Orange "C") and the Bergman property to a "Neighborhood Commercial" zoning classification. Questions for Council: 1. In the Comp Plan the Bergman property and the property on the northwest comer of TH 36 and 5 are listed as "research and development" 2. Other questions: Assessment Poky City shou1d create an assessment policy where the existing property owners in the annexation area (Blue area) would pay a "reasonable" core charge. The core charge would be paid only if the property needs or requests city services (sewer and water). Questions for Council: 1. What are "reasonable" core charges? 2. Should core charges only include installation and property acquisition for mainline sewer and water to that area. What about future water tower, and future water loop charges. 3. Should core charge be asset on a "per lot bases" verses an "acre bases" for existing property owners that are adjacent to these services and wish to connect ? 4. Should the City reconsider it's policy on bonding for these charges and require the developer to bond for the core system rather than the City ? S. Other Questions: lUaI Estate Taxation The City should create a new rural tax rate for the existing properties owners in the annexation area (Blue area) who have not requested annexation. The new tax rate should start at the existing township rate in year I (1996) and increase by 20010 of the difference between City Rural rate and Township rate until it reaches the City Rural tax rate. (5 year time frame) Questions for Council: 1. Use a different formula a) Keep the property owners who have not requested annexation at the Township tax rate ? b) Allow the properties owners who have not requested annexation to remain at the Township rate for 5 years than phase them in to the City Rural rate over the next 5 years. c) Other options: 2, If these existing properties wish to subdivide at what tax rate would the existing structure and new structure be assessed ? (10 year time frame) 3. Other Questions: Other Issues of Agreement ! .I j ~ I j I' I I I I i I . I C OSSROADS_PROPERTIES TF.L No.612-731-9598 Dee 11,95 11:02 No.003 P.02 j J ClTYITOWNSHIP ORDERLY ANN.l:iXATJON AND GROWTH kNAGEMENT - , AGREEMENT PHASING · Time frame, II ofycars bL'tWcen annexations. \ · % ofbuildout before next annexatiolJ will her- OO!lidcred. · Financial perform4lnee standards. DENSITY · Define maximum density fOf each 8.Ulcxaaion area I COMMERCIAL DEVELOPMENT I · Define specific guidelines and design criteria. _ - · Consider methods to integrate the dcvclopmen into the area to make it less (i()I1spic;uous and in keeping with il rural area. · Limit thc si7..e and allowed uses. ASSESSMENT POLICY · Protect non-benefiting properly owners form unneeded sewer and water assessments. · ))rovidc for appropriate chargcs if in the future tbc property owner needs or requests services. · RCXluire non-bcnefiting property owners to verify that existing systems arc tUlly functional. REAL ESTATE TAXATION · Provide for a rural taXing district that would maintain lower taxation rates for nnI non-serviced areas within the City_ · Rural rates would include charges tor seJViecs received or available, i.e. library charges, park mainlenatlcc. \ \ RBSJfENTIAL DEVELOPMENT · Utilize a PUD for all residential development to allow for greater input and control of the development. j · Allow for continuins Township involvement in the planning I proccss 1hrouSh inclusion of Township representatives ilt the review process. · Inelude de."ign elements that will create a transition area bctwccn existing City and remaining Township areas. TOWNSIIlP ZONING CHANGHS · The Township win need to make zoning changes within the planning area to prCSCIVC open and dtivc;)optlble areas for potential urbanization. I CROSSROjDS_PROPERTIES TEL No.612-731-9598 Dee 11.95 11:02 No.003 P.03 I INCJ.,USION OF TASK t'ORCE RECOMMENDA TrONS · Include the reeommendations of the City/Township Joint Planning Task Force Committee's recommendations. jJNFRASTRUCTURE INST ALtATION WlnilN TOWNSHIP · The Township will need to agree to cooperate with the City to alJow for the installation of sewer/water trunk lines etc. through Township areas to acoommodate urbani?.ation of annexed areas. MAINTENANCE OF EXISTING INFRASTRUCTURE · The Township will need to develop a maintenance program tor existing roadways. culverts and drainage ways, such that the City is not caused to take on the expense of neglected infrastructure. ENVIRONMENTAL AND OPEN SPACH I'R.fjSER VA TlON · Specific guidelines and rcgul~tions tor environmental and open space protection within the planning arca. . \ PROVISJONS FOR ADJUSTMENT AND CHANGF. · The agreement will need to provide Jor adjustment or changes that might be rcasonabh, to consider as lime passes. Any adjustments or changes will require approval by both City and Township. ~ _.- .. .. ..... -..........;. ....... - -.-.... - - ........ .. .. .... ....- . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA A1'iD WISCONSIN THE DESCH OFFICE BL"lLDI:-lG 333 NORTH MAIN STREET. SUITE #202 . P.O. Box .U8 . STILLWATER. MN 55082 TELEPHONE: (612) 439-94(H. TELECOPIER: (612) 439-5641 D.-WID T. MAGNUSON MAITHEW A. STAEHLING December 29, 1995 LEGAL ASSISTANTS: MELODlE ARVOLD DANA SCHAUER Mr. Tom Scott Campbell, Knutson, Scott & Fuchs Eagandale Office Center Suite 317 1380 Corporate Center Curve Eagan, MN 55122 Re: Orderly Annexation Agreement Dear Tom: I enclose a draft of a proposed Orderly Annexation Agreement between the City and Town that I hope covers the basic understanding that the negotiating representatives had reached. When preparing this draft, I ran the basic time table by David Schoenecker, a lawyer for the Abramowiczs, and he thought his clients would accept a three (3) year waiting period before annexation. It is interesting that this three (3) year period would allow for the full development of the Phase I property at the rate of approximately one hundred twenty (120) dwelling units per year. It seems to fit in nicely with the time table and yet doesn't require an allocation of units between the various sites, something that would be quite difficult to allocate in a rational way. I am sending a copy of this draft to the negotiating committee along with a copy of this letter and I must let you know that I have not had the opportunity to discuss this draft with either Terry Zoller or Mayor Kimble. In order to get the draft out to you, however, I have decided to take a chance that I had a sense of the understanding of the negotiations. If it is imperative to reach me, I will be at the Golden Eagle Lodge in Grand Marais, Minnesota from Saturday, December 30, 1995, through Saturday, January 6, 1996. If I do not hear from you during that time, I will be available here in my office on Monday, January 8, 1996. I look forward to working with you on the development of a workable agreement. Again, best wishes for the new year. Yj>urs v.ery ~1x.rA __ lauitf T ///ti!/Ut~ David T. M.agnuson Stillwater City Attorney DTM/~ Enclosure cc: Terry Zoller Mayor Jay Kimble David Francis David W. Johnson . . . DRAFT .A.N AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT AND ORDERLY ANNEXATION This Agreement is made this day of January, 1996, ("Effective Date") between the City of Stillwater, Washington County, Minnesota ("City") and the Tow~ of Stillwater, Washington County, Minnesota ("Town") and is an agreement with regard to growth management and also a "Joint Resolution" between the City and Town authorized by Minnesota Statutes i414.035 providing for a procedure and a framework for orderly annexation of a part of the Town to the City. I. INTRODUCTION 1. Land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities. Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses that the City would ultimately be benefited by a broadened tax base and a more vital community and that the growth expected in the annexation area is consistent with the Comprehensive Plan and in the best interest of the City. The Town has participated in a review of the City's Comprehensive Plan and has concluded that it would be in the best interests of the Town and in the best interests of property owners remaining in the Town after annexation to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the City and those people remaining within the Town. II. ORDERLY ANNEXATION AREA 1. The property described in Exhibit" A" and that is subject to annexation by the City pursuant to this Agreement will constitute the "Orderly Annexation Area". In general, this area includes all that area of the Town not now within the City that lies North of Highway 36, East of County Road 15 and -1- . . . . South of Highway 96, except for that portion of the Town that li~ North of the rigbt~f-way of the Minnesota Transportation Museum Track and East of Stonebridge Trail. m. PHASING SCHEDULE 1. The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the financial risk of extending core facilities into the Orderly Annexation Area gradually rather than at one time. This would also allow for the burden imposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis. The Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax. base on the remaining Town government and easing financial and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents. For the purposes of this Agreement, the Orderly Annexation Area will be divided into four (4) phases that are each described as follows: Phase I Description Phase I contains that property described in lIdribit "'8.~hnd includes, in general, that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the area known as the Bergman Farm. The Phase I property includes that Staloch Farm property that contains approximately 75.9 acres that will contain approximately one hundred sixty-four (164) dwelling units; the Newman-Cudd property containing approximately 187.78 acres, 6.3 acres of which is expected to be developed as a Rural Commercial Center, approximately 12 acres expected to be developed as a site for a new Elementary School proposed to be built by Independent School District 834 and the remainder to be developed as residential uses. Approximately two hundred ten (210) dwelling units are proposed for the Newman-Cudd property. Since utilities are proposed to be extended to the Phase I Area -2- . . . from the South and from the North, the Phase I Annexation Area will contain the J1 'f right-of- way areas needed for the installation of municipal services or roads to Phase I property. . Phase II Descriotion The Phase n property is that property contained in_" and that is commonly known as the Abramowicz Farm property. The property contains approximately 131 acres and has been proposed for development into one hundred thirty-one (131) large lots, eighty-seven (87) small lots and fifty-seven (57) townhouse units for two hundred seventy-nine (279) total dwelling units. Phase ill Description . The Phase ill property is that property described in ~ and that is generally known as the Palmer Farm property that has been proposed for development into sixty-five (65) traditional single family lots, sixty-eight (68) small lot single family units and approximately one hundred forty-eight (148) attached housing units for a total of two hundred sixty-eight (268) dwelling units. Phase N Description The Phase N property is that portion of the Ordedy Annexation Area that is not annexed in Phases I, n, or ill. IV. TIMING OF ANNEXATION OF PHASES 1. Phase I property will be annexed to the City at any time after the execution of this Agreement. The Municipal Board may immediately order annexation following receipt of this Joint Resolution. 2. Phase n property may be annexed to the City by filing a Resolution with the Minnesota Municipal Board any time after January 1, 1999. 3. Phase III property may be annexed to the City by filing a Resolution with the Minnesota Municipal Board any time after January 1, 2002. -3- , e . . -- 4. Phase IV property may be annexed to the City by filing a Resolution with the Minnesota Municipal Board any time after January 1,2007. 5. The City may annex phases prior to this time table if seventy-five percent (75%) of the dwelling units in the prior phase have been occupied and provided that the accelerated growth does not impose either a financial burden on the City or a quality of life burden upon new residents or existing residents of both the City and the Town. The City is free to deny an annexation or extend the timing of a phase at any time that the level of development is slower than is anticipated by this Agreement and at any time that the financial risks associated with the extension of municipal core utilities exceed the expected rate of payback through either assessments or hook-up charges. 6. As an exception to the Phasing Schedule, the City may annex other property by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100%) of the property owners within the area and if, the resulting annexation will not create a level of growth for the Orderly Annexation Area that exceeds one hundred twenty (120) dwelling units per year, measured from the year 1996 as year one (1), or if the resulting annexation would create a negative fiscal impact on the City by unreasonably increasing the level of bonded indebtedness or the cost of providing needed services to the area. v. COMMERCIAL DEVELOPMENT 1. Commercial Development within the Annexation Area will be limited to the 6.3 acres of commercial property designated within the Newman-Cudd parcel of Phase I and the Bergman property on the comer of Highway 36 and County Road 15 that has been designated for commercial use by the City's Comprehensive Plan. The City agrees to develop a separate zoning classitication that will be described as "Rural Commercial Zoning" or "Neighborhood Commercial" with separate guidelines. standards and design criteria in an effort to meld the commercial area into the rural setting. This will -4- ~ . . . generally be accomplished by the lack of Highway pylon signage, the low profile of buildings and the turning of building faces into the interior of the development in order that development be kept less conspicuous and more in keeping with a rural setting. These standards will also limit the size and allowed uses to a size and type of use that will be consistent with the neighborhood. IV. ASSESSMENT POUCIES 1. The City agrees to adopt by Resolution an Assessment Policy that will protect new city property owners who do not require or request municipal services from sewer and water assessments. This policy will provide for tlO assessments to these properties, but instead, for reasonable core chargls or area charges to be paid by property in the event a property either needs or requests services and actually hooks into the municipal system. Further, the City will apply its existing Hook-up Ordinance to new City property. The Ordinance does not require property to hook into available municipal facilities until property either requires or requests services, provided that the on-site facilities or systems of each property are functional and operating to City standards. The City agrees to develop a monitoring and testing system to verify that all on-site systems within the City are functioning properly. YD. REAL ESTATE TAXATION 1. Rural Tax Rate Adiustment. It is recognized that there i~ a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome. The City, therefore, agrees to develop a Rural Taxing District Rate for these new areas that have not requested annexation that would approximately equal the Town rate on the date of annexation and that the rate would be increased to the City's present Rural Taxing District Rate at the -5- e . . rate of twenty percent (20%) each year for five (5) years. Further, the City agrees to review its overall citywide Rural Taxing District Rate on an annual basis and agrees to develop a Rural Taxing Rate that does not charge rural areas for urban or municipal services that are not actually provided to the rural areas . 2. Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20%) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City. VIll. DEVELOPMENT, SUBDMSION AND ZONING REVIEW 1. The City agrees to require developments within each phase to apply for a Planned Unit Development Permit, in addition to subdivision and plat approval in order to ensure that the City maintains the maximum control, permitted by law. over each development. 2. The City agrees to appoint three (3) exofficio Planning Commissioners from the Town as designated by the Town Board of the Town to sit with the present Stillwater Planning Commission during subdivision, plat or zoning review of any development proposal for the. Orderly Annexation Area. 3. The City agrees to include design elements as are permitted by law that will endeavor to create or foster a gradual transition area between the existing and future urban city uses and areas that remain within the Town. -6- e . . IX. PERFORMANCE STANDARDS 1. The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area. The standards will measure developer performance in the areas of financial responsibility, protection of the environment during construction, construction traffic management,' compliance with established time tables and responsiveness to citizen complaints. Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards. X. INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS 1. To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint Cityrrown Planning Task Force within the ordinances and policies of the City. These recommendations are adopted and made a part of this Agreement as Exhibit "E". XI. ENVIRONMENTAL AND OPEN SPACE PRESERVATION 1. The City agrees that environmental assessment worksheets wiII be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board. Further, the recommendations developed by the Environmental and Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly Annexation Area will be followed when feasible or when permitted by law. The Stillwater Open Space Report prepared by Kathryn Malody, Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "P". -7- e . . XII. INFRASTRUCTURE INSfALLATION WITIDN THE TOWNSIDP 1. The Town agrees to allow the City access to Town lands that might be needed by the City for installation of sewer and water trunIc facilities. When these truD;k facilities will be extended through Town areas in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board of any development plans that will involve Town property. The City agrees to copy the Town Board on any correspondence with Town property owners if the City is working directly with Town property owners to obtain easements or rightoo()f-way; Before beginning Eminent Domain action against any area within the Town, the City agrees to allow the Town sixty (60) days written notice of their intention to do so. XIII. TOWNSHIP ZONING CHANGES This section will be drafted by Mr. Scott. XIV. MAINTENANCE OF EXISl'ING INFRASTRUCTURE WlTIDN TOWN This section will be drafted by Mr. Scott. xv. MODIFICATION This Agreement may be modified at any time by written agreement approved by both the City and the Town. XVI. TERMINATION This Agreement will terminate on January 1, 2006. -8- . e - . . CITY OF STILL WATER Jay L. Kimble, Its Mayor A TIEST: Modi Weldon, Its Clerk TOWN OF STn.LW ATER By Chairman of Its Board of Supervisors A TIEST: Town Clerk -9- . . e ....;......:-. oz...~~.=-...:;..~- -.- --- --_.~. ~~ NO SCAl.E . .. LEGEND --1L- SANITARY SEVIER AND MANHOLE - EXISTING pv. TS --------. PROPOS!:O pv.TS _____ TilUNK SEWER BOUNDARIES ~ EXISTING SANITARY SEV,::P. AND UFT ST AnON DRAFT COpy :i ,...: '.I; "" <J> "" '" :i ,...: vi l:~.. _, ,,!-z:--; ~~''''. ~ BASE PLC :::~'~~~;-~"o.:U7 ., ~... l'h.......... ~........ "'. .... 001... ......,..........&. ",'.'0" __ .... - 14~il..- ..=saJ -""",-, CITY OF STILLWATER COMPREHENSIVE SEWER PLAN UPDA TE . .. ., ~ ~ To the Honorable Mayor and Members of the City Council City of Stillwater Page 24 Construction Phases The City has core system improvement estimates as provided by SEH. These cost summaries are presented in Tab 3. The improvement areas require a progression of improvements to accommodate the physical proximity of the proposed improvement areas. For example Middle Trunk B could not be completed until Middle Trunk A is completed because "A" extends mains to the "B" starting point. This only becomes an important consideration if areas which do not currently abut existing systems are considered preferred development areas because "prerequisite" systems must first be constructed. Based on discussion with SEH. the following phases should be considered for core system improvements: Storm Sanitary ScWCl"* Sewer Easements Watcnnain Sub-total $4,8oo/acrc Total Phase 1 South Trunk A S S81,970 S - S 128,140 S 716,110 S 748,320 S 1.46S,OJO Phase 2 South Trunk B 780,000 57,1S0 216,260 1,114,010 I,S10,S6O 2,624,570 Middle Trunk A 330,000 98,200 428,200 428,200 T olel - Phase 2 1,110,000 IS5,9S0 276,260 1,542,210 1,510,560 3,OS2, 770 Phase) Middle Trunk B 300,000 90,800 360,000 7S0,BOO 442,224 1.193,024 Phase 4 Middle Trunk A U 200,000 200,000 200,000 PhaseS North Trunk 430,000 SO,OOO 30S,OOO 18S,OOO 404,064 1.189.064 C.R. 15 Loop 43S,OOO 43S,OOO 435,000 Source &. Stora8e I,SOO,Ooo I,SOO,Ooo I,Soo,OOO Total - Phase 5 430,000 SO,Ooo 2,240,000 2,720,000 404,064 3,124.064 Totals S 2,427,970 S 296.750 S 3,205,000 S 5,929,720 S 3,10S,168 S 9,034.888 Costs per developed aen: S 3,753 S 4S9 S 4,954 S 9,166 S 4,800 S 13,966 Costs per developed acre - excluding Source &. Stora8e S 3,7S3 $ 4S9 S 2,636 $ 6,848 $ 4,800 $ 10,975 · Engineer estimates Storm Walr:r improvements bdwcc:n $4,100 and SS,SOO per acre. U Mav not be reQuired ifC.R IS Looo is completed. To the Honorable Mayor and Members of the City Council City of Stillwater Page 26 . Ifthe City elects to phase the core system projects, the following phases may be considered: Phase 1 Phase 2 Phase 3 Phasc 4 Phasc 5 Totals Total estimated construction Costs $ 1.465,030 3,052,770 1,193,024 200,000 S3,124,064 $9,034,888 Less: Watcc Source &: Storagc (1,500,000) (1,500,000) Commercial charges to 70 acres: Sanitary Sewa $ 6,079 (395,142) (30,396) (425,537) Wala1nain $ 2,636 (171,314) (13,178) (184,492) Storm Waler $ 4,800 (312,000) (24,000) (336,000) Nct c:ostto residential units 586,575 2,985.197 1,193,024 200,000 1,624,064 6,588,859 Planned resiclcntial Units 60 610 300 300 1,270 Corc system costs per unit 9,776 4,894 3,977 5,414 5,188 Improved residential aaes 91 310 92 84 577 Corc system costs per developed acre 6,453 9,639 12,949 19,293 11,421 Residential units per devcloped aac 0.66 1.97 3.26 3.56 2.20 Prelim inary proposed cost rcc:ovcry. Commercial $ 878,456 $ 67,574 5 $ $ 5946,029 Residential assessment. 937,903 3,195,475 950,595 0 868,567 5,952,540 Sewer Oversizc Chargc" 31.639 321,665 158,196 0 158,196 669,696 - Total $1,847,998 $3,584,714 $1,108,791 $ SI,026,763 $7,568,265 ~ Estimated construction over (unda) proposed cost recovery $382,968 $531,944 ($84,233) (5200,000) ($597,30 1) $33,377 Cwnmulativc swpllll (deficit) 382,968 914,912 830,679 630,679 33,3 77 33,377 · Residential prcliminary proposed assessment: Pa Per Resiclcntial Acrc Unit (2.2 per aac) Sewer 2,882 1,309 Water 2,636 1,197 Storm 4,800 2,180 Total $ 10,318 5 4,687 .. Scwer Oversizc Chargc (SOC) of $527.32 per unit ~ ~ . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON l\L-\TTHEW A. STAEHLlNG . LEGAL ASSISTANTS: MELODlE ARVOl..D DANA SCHAUER MEMORANDUM TO: Jay Kimble, Mayor; City Council; Nile Kriesel, Diane Deblon; and Steve Russell Dave Magnuson ~ FROM: DATE: January 9, 1996 Gift of Ferry Falls Hill Park Land RE: For your information, the gift from Sheryl Meyer to the City was completed on December 28, 1995. I enclose a copy of the deed that was given to the City and filed with the Washington County Recorder on December 28, 1995. The taxes payable in 1995 have been paid, however, there will be tax payable in the year 1996 based upon the property being residential non-homestead taxable land during most of the year 1995. For budgeting purposes we can estimate a tax of approximately seven hundred fifty and no/1oo dollars ($750.00), a part of which is returned to the City as with other general taxes. I am sending a copy of the deed and also a copy of the tax statement for the pay 1995 taxes to Ed Hervin at the Washington County Assessor's Office so that he might adjust his records so beginning in the year pay 1997 the property will be exempt from taxation. Please call if you have any questions about this. DTM/ds Enclosures cc: Ed Hervin . . . . I._~~~~ ~~:~~.:.~-=_~!.E!-~~.!~~.__._~~~.~~~~um Conv.nncln. BI.nk. (1978) Individual IsI to Corporation or Partnership - Mill.'''Oavil Co., MiHoI.polia No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE D~~ED TAX DUE HEREON: $ ~ "g'fJ- I, fo~ , 19_1.2. Date: (reserved lor recording data) Sheryl A. Meyer and Michael D. Meyer FOR VALUABLE CONSIDERATION, hereby convey (s) and quitclaim (s) to wife and rolSband (merital status) City of Stillwater , Grantor (s), , Grantee, a municipi'll corporation real property in Wash; ngton under the laws of Minnesota County, Minnesota, described as follows: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Bean Road, Thence South 550 521 East one htmdred forty-four (144: feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Bean Road one hundred fifty (150) feet to Pest House Road, Thence North 290 381 West two hundred thirty-eight and thirty-five' ' hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning. . The Sellers certify that the Sellers do not kncM of any wells on the described real property. lif more space Is needed, contlnu. on backl together with all hereditaments and appurtenances belonging thereto, on the condition that the property be used by the City for Park and Open Space purposes. . \ niS Ul,(:r1 Tax Stamp Ilere _~ II Shery A. yer STATE OF MINNESOTA } u. ~ ~.Q. ~ me el.D. Meyer --r ;L.S"tf dayol~ ,IdE COUNTY OF WASHINGIOO The foregoing instrument was acknowledged before me this by Sheryl A. ~yer aoo Michael D. ~yer wife....and-husband , Grantor (s), ..."..".. NOTARIAL STAMP OR SEAL (OR OTIIER TITLE OR RANK) . N. -.......v........~v....+y.....+. j>NNJAVtA1- I~... D.toY~l~~~~~=CJr ~WASHJNGTON~ .W-,A~~~~~YMl'- LEDOMENT Tax St.t.....nt. lor tb. r..1 propert)' d.eorlb.d tble laetrwn.at mould b. ..nt to (lnolud. name .nd .ddr... 01 Orent..): ! THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): City of Stillwater ~16 North Fourth Street Stillwater, MN 55082 David T. Magnuson #66400 Magnuson Law Finn The Desch Office Building 333 North Main Street, SUite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 e e . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 D.WID T. MAGNUSON l\hITHEW A. STAEHLING LEGAL ASSISTANTS: MELODlEARVOLD DANA ScHAUER MEMORANDUM TO: Jay Kimble, Mayor; City Council; Nile Kriesel; Diane Deblon; and Steve Russell Dave Magnuson ~ January 9, 1996 FROM: DATE: RE: Purchase of Houge Property For everyone's information, the purchase of the Houge property for park purposes took place early in the month of December 1995. I enclose, for everyone's information, a copy of the deed and also the Closing Statement showing the disbursal of City funds for this purchase. This property will generate real estate taxes payable in the year 1996 based upon use of the land during most of the taxable year 1995 and for City budgeting purposes, approximately one thousand fifty-eight and nolloo dollars ($1,058.00) would be the estimated taxes, a portion of which would be returned to the City as their share of the general property taxes. I am sending a copy of this information to Ed Hervin at the Washington County Assessor's Office with the request that he adjust his records so that the property will not generate any real estate taxes for the year pay 1996 and future years. DTM/ds Enclosures cc: Ed Hervin CLOSING STATEMENT Date of Closing: December 5. 1995 ~ Houge Prol,Jerty - Park Land Purchase erty Address: McKusick Road North. Stillwater Township egal Description: A 6.7 acre tract according to the legal description attached as "Exhibit A" . Charges Credits Price $50,000.00 $ 0.00 Earnest Money 0.00 0.00 Mortgage - Assumed 0.00 0.00 Principal Balance After paYment due: Interest: from to at day: Escrow Balance through: Contract for Deed - Assumed 0.00 0.00 Principal Balance: After payment due: Interest: from to at day: Contract for DeedIMortgage - New 0.00 0.00 Real Estate Taxes [pay 94 $639.43 (5); Pay 95 $1,057.42 (B)] 1,057.42 639.43 Special Assessments: assumed by buyer 0.00 0.00 Levied: None Pending: Cert. to Taxes: Real Estate Commission 0.00 0.00 State Deed Tax 0.00 165.00 cording Fees [Dyrod Deed $19.50 (5); Sellers' Deed $19.50 (B)] 19.50 19.50 Abstracting 0.00 0.00 Assumption/Placement Fee 0.00 0.00 Special Assessment Search [State tax lien $939.32 + 25% (5)] 0.00 1,174.15 Other Mortgage payment due 0.00 0.00 Draft Check to Balance $48,001.92 eHers hereby acknowledge receipt of this Buyers hereby aCKnOwledge receipt of a copy 1;Z/~ Jti;;- Buyer NOTE: (5) = Sellers. Expense (B) = Buyer's Expense . -- . EXHIBIT A All that part of the West lIalf of the Northeast Quarter of the Southeast Quarter of Section 19. Township 30 North, Range 20 West. Washington County, Minnesota, lying north of -the Northerly right-of-way ,of the Burlington Northern Railroad Company and lying Easterly of the following described line: Commencing at the northeast corner of said West lIalf of the Northeast Quarter of the Southeast Quarter, thence South 89 degrees 56 minutes 48 seconds West, assumed bearing, along the northerly line thereof, 300.00 feet to the point of beginning of the line being described; thence South 13 degrees 02 minutes 09 f;econds West, 500.00 feet; thenc'e South 0 degrees "1 In1nute:; 34 scconds East, 238.6 feet to said northerly right-of-way of the Burlington Northern l(aIlroad Company, which is the end of the line being described, all containing 6.7 acres, more or less. Subject to the right-of-way of McKusick Road North and subject to and together w1th a perpetual easement for driveway purposes over, under and 'across a strip of land 40.00 feet in width, the centerline of which is described as follows: Beginning at the Northwest corner of the above described parcel; thence South 13 degrees 02 minutes 09 seconds West along the westerly line thereof 50.00 feet to the end of the ccnterline being described, to be used in common with the owners of: All that part of the East 50.00 feet of the West Half of the Southeast Quarter of Section 19, Township 30 North, Range 20 West, Washington County, Minnesota, lying north of the northerly right-of-way of the Burlington Northern Railroad Company; and All that part of the West Half of the Northeast Quarter of the SoutheAst Quar.tt'!r of said section 19 lying north of said northerly right-of-way of the Burlington Northern Railroad Company and lying westerly of the following described line; Commcncing at the Northeast corner of said West Half of the Northeast Quarter of the Southeast Quarter, nce South 89 degrees 56 minutes 48 seconds West, assumed bearing, along the northerly e thcreof, 300.00 feet to the point of beginning of the line being described; thence uth 13 degrees 02 minutes 09 seconds West, 500.00 feet; thence South 0 degrees 41 mInutes 34 seconds East 238.6 feet to said northerly right-of-way line of the Burlington Northern Railroad Company, which is the end of the line being described. . < form"No. 1.M-WARRANTY DEED Individual Is) to Individual Is) Minnesota Uniform Conveyancing Blanks (1978) Miller.Oavis Co.. Minneapolis . - y '-., " e I No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by STATE DEED TAX DUE HEREON: $ Deputy I.'$'" Date: November 30 ,19~ (reserved for recording data) FOR VALUABLE CONSIDERATION, Keith P. Dyrud and Grace Dyrud, husband and wife, Imarltal status) , Grantor (s), hereby convey (19 and warrant (~ to husband and wife. real property in Washinqton See Attached Exhibit A. i - The seller certifies that the Seller does not know of any wells on the described real property. . I (if mora space is n..dad, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Any easements in favor of the County of Washington, State of Minnesota. Affix Deed 'fax Stamp Here -~~O;r-'-I-' Grace Dyrud STATE OF MINNESOTA COUNTY OF RAMSEY } u. . The fore~oing instrument was acknowledged before me this by . .Kei tfi P. Dyrud and Grace Dyrud, husband and _.. . ,.,... ....' .,,_.__... ,. .n,," ........ .... .._,........ ......... . ..... .....~.... .~. ~H'''''H''''''''''''''_'' ." ...."............ NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) . JENNIFER L. GRIPP I N01'NI'f' PUIUO......IOTA RAMSEY COUNTY II c.tullll tIIIftt JIll. autlllO W~.J........J_~V_"t....vet"JA.A....._....#.."'.~. day of November ,19~, temente lor the real propert, d.ecrib.d In this Instrument should to (Inc ude name and addre.. 01 Orentee): [-...............---..............-.............-.-..--..------...-....-.... THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Benjamin S. Houge (#47387) I Attorney at Law 900 One Financial Plaza 120 South Sixth Street Minneapolis, MN 55402 . f _~____W._~_..h._h.M____._._____,__.._._______.......__..._... ....... .,..... e -::. EXHIBIT A All that part of the West Half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 30 North, Range 20 West, Washington County, Minnesota, lying north of the Northerly right-of-way ,of the Burlington Northern Railroad Company and lying Easterly of the following described line: Commencing at the northeast corner of said West lIalf of the Northeast Quarter of the Southeast Quarter, thence South 89 degrees 56 minutes 48 seconds West, assumed bearing, along the northerly line thereof, 300.00 feet to the point of beginning of the line being described; thence South 13 degrees 02 minutes 09 neconds West, 500.00 feet; thenc'e South 0 deGrees {,l minute:; 34 acconds East, 238.6 feet to said northerly right-of-way of the Burlington Northern Ra.i.lroad Company, which is the end of the line being described, all containing 6.7 acres, more or less. Subj ect to the right-of-way of McKusick Road North and subj ect to and together with a perpetual easement for driveway purposes over, under and .across a strip of land 40.00 feet in width, the centerline of which is described as follows: Beginning at the Northwest corner of the above described parcel; thence South 13 degrees 02 minutes 09 seconds West along the westerly line thereof 50.00 feet to the end of the centerline being described, to be used in common with the owners of: All that part of the East 50.00 feet of the West Half of the Southeast Quarter of ection 19, Township 30 North, Range 20 West, Washington County, Minnesota, lying rth of the northerly right-of-way of the Burlington Northern Railroad Company; and 11 that part of the West Half of the Northeast Quarter of the Southeast QuaT.ter of said section 19 lying north of said northerly right-of-way of the Burlington Northern Railroad Company and lying westerly of the following described line; Commencing at the Northeast corner of said West lIalf of the Northeast Quarter of the Southeast Quarter, thence South 89 degrees 56 minutes 48 seconds West, assumed bearing, along the northerly line thereof, 300.00 feet to the point of beginning of the line being described; thence South 13 degrees 02 minutes 09 seconds West, 500.00 feet; thence South 0 degrees 41 minutes 34 seconds East 238.6 feet to said northerly right-of-way line of the Burlington Northern Railroad Company, which is the end of the line being described. .