AMENDMENT TO THE JOINT RESOLUTION BETWEEN THE TOWNSHIP OF SHELBY AND THE CITY OF AMBOY DESIGNATING AN AREA FOR ORDERLY ANNEXATION DATED MAY 3, 1986

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REC'D. By M MM a AR 13 21 AMENDMENT TO THE JONT RESOLUTON BETWEEN THE TOWNSHP OF SHELBY AND THE CTY OF AMBOY DESGNATNG AN AREA FOR ORDERLY ANNEXATON DATED MAY 3, 1986 The Township of Shelby, hereafter referred to as "Township'' and the City of Amboy, hereafter referred to as "City'', hereby jointly agree to amend the Joint Resolution between the Township of Shelby and the City of Amboy dated May 3, 1986, as follows: 1. That the following described area is located in Shelby Township, Blue Earth County, and is part of a parcel of property described on Exhibit D under Section B., Subdivision 2.b. of the Joint Resolution Between the Township of Shelby and the City of Amboy Designating an Area for Orderly Annexation dated May 3, 1986: Beginning at the Northwest Corner of the South One Half (S 1/2) of the Southwest Quarter ( 1/4) of the Northeast Quarter (NE 1/4) of Section Twenty-three (23), Township One Hundred Five (15) North, Range Twentyeight (28) West, thence East along the North line of said South One Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) 17 feet, thence South parallel with the West line of the Northeast Quarter (NE 1/4) of said Section Twenty-three (23), 2 feet, thence East 6 feet, thence North parallel with the West line of said Northeast Quarter (NE 1/4) approximately 222.9 feet to a point 2 feet South of the south line of Block Ten (1) of the original town site of Amboy, thence West along a line parallel to and 2 feet South from the South line of said Block Ten (1) to the West line of the Northeast Quarter (NE 1/4) of said Section Twenty-three (23), thence South 23 feet to the point of beginning, and also Commencing at a point 5 feet East of the Northwest corner of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section Twenty-three (23), Township One Hundred Five (15) North, Range Twenty-eight (28) West, thence running South 2 feet; thence East 12 feet, thence North 2 feet; thence West 12 feet to the place of beginning. 2. That the above described property is within the orderly annexation area and is urban in nature. 3. That said Joint Resolution Between. the Township of Shelby and the City of Amboy provides for the annexation of the property described on said Exhibit D, which includes the real estate described in paragraph 1 above, under the following conditions: "The property shall remain in Shelby Township even though it is urban in nature provided the property is used for a bus service business or any business which has no other competition within the City,Limit of the City. f said property is used for any other business which has any competition within the City, said property shal be immediately annexed into the City".

,.. 4. That the City has received a request from the owner of the real estate described in paragraph 1 above, asking that this area be annexed into the City. The owner had previously built a bus terminal which includes a garage area, shop area and storage area on part of this property and now wishes to add an addition onto the building. The addition, as planned, will not meet county zoning requirements regarding setbacks from adjoining property and private roads so the owner has requested that the part of the property described in Exhibit D of the Joint Resolution of 1986 between the Township of Shelby and the City of Amboy which designates an area for orderly annexation, upon which the bus terminal is located, be annexed into the City. 5. That the Township and City have held a joint meeting and have agreed that the land described in paragraph 1 above will be the only portion of the owner's property currently located in the Township that would be annexed into the City. 6. That the real estate described in paragraph 1 above be immediately annexed into the City. The property will be part of the B-2 (General Business District) as designated on the city's zoning map. 7. That the property taxes shall be paid to the Township of Shelby in the year in which the annexation becomes effective. Thereafter, property taxes on the annexed land shall be paid to the City. n the first year following the year the land was annexed, the municipality shall make a cash payment to Shelby Township in an amount equal to 9 percent of the property taxes paid to Shelby Township in the year the land was annexed; in the second year, an amount equal to 7 percent of the property taxes paid to Shelby Township in the year the land was annexed; in the third year, an amount equal to 5 percent of the property taxes paid to Shelby Township in the year the land was annexed; in the four year, an amount equal to 3 percent of the property taxes paid to Shelby Township in the year the land. was annexed; and in the fifth year, an amount equal to 1 percent of the property taxes paid to Shelby Township in the year the land was annexed. 8. That the mill levy of the City of Amboy on the area annexed shall be increased in substantially equal portions over a period of five (5) years to equal the mill levy of the property already within the City of Amboy. 9. That the existing privately owned water and sewer services to the bus garage be allowed to continue until such time as they need to be replaced. 1. Both the Township and the City agree that no alteration of the stated boundaries of this agreement is appropriate. Furthermore, both parties ' agree that no consideration by Minnesota Planning is necessary.

.REC'D. CY MM R 13 21 Upon receipt of this resolution, Minnesota Planning may review and comment, but shall, within 3 days, order the annexation of the above described property in accordance with the terms of the Joint Resolution. Passed and adopted by the Township Board of the Township of Shelby,. County of Blue Earth, State of Minnesota, this '2.Q _t;:j. day of f_.qj,- 21. ATTEST: TOWNSHP OF SHELBY By: iks Chairman \ Cle Passed and adopted by the City Co u n c i 1 of the C it y o t Amboy, County of Blue Earth, State of Minnesota, this,5't1j day of l_fu, 21. CTY OF AMBOY

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