Bridgewater-dundas Annexation Agreement, 2004

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JOINT RESOLUTION/ORDERLY ANNEXATION AGREEMENT BETWEEN BRIDGEWATER TOWNSHIP Al'\'D THE CITY OF DUNDAS THIS ORDERLY ANNEXAnON AGREEMENT is entered into this ;;Z of .::J , 2004 by and between the CITY OF DUNDAS, .MINNESOTA . (hereinafter referred to as th e "City") and BRIDGEWATER TOWNSHIP (hereinafter referred to as the " T ownship") .

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WHEREAS, Minnesota Statues 414.0325 authorizes t ownships and m unicipalities to prov ide for the orderly annexation of unincorp orated areas that are in need of orderly annex ation; and WHEREAS, the City and Township agree that there is a public ne ed for the 'co pr din ated, effi ci ent and cost-effective extension of th e city services to promote the pub li c h ealth, well-b eing, and safety; and WHEREAS, the prop erty described in attached Exhibit "A" (h erein aft er referred to as the "Annexat ion Area") is ab out to become urban or suburban in nature and the City is capable of providing city s ervices w ithin a reasonabl e time; and WHEREAS, th e extension of city services can only be provided in prioritized phases and if the process and timing of annexation are clearly identifi ed and jointly agre ed upon in advance of the City' s cap ital planning, commitment, and exp enditure ; an d ·WHEREAS, th e establishment of a process of orderly annexation of said lands

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will be of benefit to the resid ents and owners of said lands, an d p ermit th e City to exten d

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n ecessary municipal services in a plann ed and effi cient manner; and

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WHEREAS, the City and Township desire to accomplish the orderly annexation of the Annexati on Area and the extension of municip al services in a mutually acceptabl e an d beneficial manner w ithout the n eed for a hearing befor e the Municip al B oundary A dj u stments Office of the Minnesota Department of A dministration (MB A) or its succes sor, and w ith th e purpose of avoiding an annexati on disp ute, enter into thi s j oint resolution for orderly annexation pursuant to Minnesota Statutes 414.0325, subd. 1; and \VHEREAS, a m eans is needed to control th e development of the se areas.

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NOW, THEREF ORE, BE IT RE SOLVED by the City of Dundas an d Bridgewater Tow nship th at the two parties enter into thi s Joint Resolution Orderly Annexation Agreem ent (hereinafter referred to as "Agreem ent") and agree to the following terms:

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July 2, 2004

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Acreage and Location

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1. The attached map entitled Exhibit B - Annexation Area; dated -' shall be the fr amew ork for annexation fro m 2004 through 2033. The map constitutes the Annexati on Area, and den otes areas from which ann exation may occur under this agreement. It is not necessary that all of the land constituting the Annexation Area be annexed wi thin the time lines set forth in this agreemen t. The lands included w ithin the 2004 through 2033 Growth St age s are designated 2. for future urban deve lopment within the City. The Township shall oppose any efforts to includ e any of th e lands w ithin the Annex ation Are a into any governmental jurisdiction other than the City. •

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Growth Stage One is defined as the time p eriod from year 2004 through the year 20 18; Growth Stage Two is defin ed as the time perio d from year 2019 through the year 2 033 .

Growth Stage One: (A) The City sh all have the right to annex 600 acres ofland for residential and/or commercial purposes during Growth Stage One, from 2004 though 2 018 . Annexation will be limited to 400 acres during the p eriod from 2004 through 20 11, an d n o m ore than 100 acres in anyone year. If any of the 600 acres is hot annexed during Growth Stage One, then the balance shall be added to the total acreage allowed for annexation during Growth Stage Two. The annexation pace shall be consistent with the requirements and 'standards set forth in the Comp rehensive Plan, and zoning and subdivision regulatio ns of the City. (B) A ddition ally, during Growth Stage One, the City may annex additional property designated bluff or steep slope, as set forth in the City ordinances, but only if these are as are designated park area, or op en space, and/or protected by a conservation easement. Any such annexations shall not count against the 600-acre limitation set forth in the preceding paragraph.

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The 100-acre annual limitati on may be w aived by the Township, which (C) waiver shall n ot be unreasonably w ithheld, conditioned upon: (i) the app lication by a developer for a master development plan that exceeds the 1OO-acre limitati on; and

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(ii) the m aster dev elopment plan addresses all the considerations of the Comprehensive Plan, City Ordinances an d this Annexation Agreement; and

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(iii) the master development plan addresses all the respective transportation needs as set forth in the Comprehensive Plan and this Annexation Agreement ; and

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(iv) the dev elop er evidences the financial capacity to complete the developm ent as presented; and the City obtains sufficient se curity to assure that the develop er (v) completes its obligations regarding the transportation systems as set forth in the master development plan.

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Growth Stage T wo: (A) The City shall have the right to annex 600 acres of land for residential an d/or commerc ial purposes during Growth Stage Two, during the period from 201 9 through 2 033. (B) No more than 100 acres shall be annexed during Gro wth Stage Tw o in any one year. No more than a total of 300 acres shall be annexed during the period from 2019 through 2025 1/ 2 • The annexation pace shall also be consistent with the requirements and .stan dards set forth in the Comprehensive Plan, and zoning and subdivision r egulations of the City. (C) Land n ot annexed, as p art of the all otment for Growth Stage One m ay be annexed at any time during Growth Stage Two without being counted against the 600 -acre allotment, which is permitted during Growth Stage Two, and shall not be subj ect to the 100 acres p er year annual limitation . (D ) The 1DO-acre annual limitation may be waived by the Township, which waiver shall n ot be unr easonably withheld, conditioned upon : (i) the application by a develop er fo r a master dev elopment plan that exceeds the 100-acre limitation; and

(ii) the master dev elopment plan addresses all the considerations of the Comprehensiv e Plan, City Ordinances and this Annexation Agreement; and

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(iii) the master development plan addresses all the respective transportation needs as set forth in the Comprehensive Plan and this Annexation Agreement; and

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(iv) the developer evidences the financ ial capacity to complete th e development as presented; and

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("iT) the City obtains suffi cient security to assure that th e developer completes its obligations regarding the transportation systems as set forth in the master development plan.

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5. Annex ation will be limite d to property that is contiguous to the corporate li1i:J.its of the City. Following annexation, and prior to recording the final plat, all property to be developed in the Annexation Area described in this agreement must be subject to a development agreement between the own er, the developer, and the City . N o annexati ons will b e permitted under this agreement unless all prior annexed property has either been developed in accordance with the development agreement app licable to that prop erty, or is in the process of being developed in compliance with the development agreement app licable to that property.

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6. All annexation shall be subj ect to the prevailing Comprehensive Plan, the Zoning Ordinance, and subdivision regulations of the City.

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The City may also annex land as described in the attached Exhibit C . Said Exhib it describes an existing rural subdivision, presently described as the Wendwood Addition. Annexation sh all only be permitted upon the request of tw o thirds e/;) of all property owners within th e subdivision. If said land is annexed, the acreage in this subdivisi on shall not count against the allotte d acres allowed for annexation as set forth in paragraphs 3 and 4 of this agreement.

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8. Notwithstan ding paragraph 3 and 4 of this agreement, the City shall have the right to annex, at any time, all or any part of the land in the Annexation Area designated for industrial land use subject to the limitations in paragraphs 11 & 12, below . Annexation of land for industrial use is no t subj ect to annual or periodic acreage limitations . However, all su ch land must be contiguous t o the then corp orate li1i:J.its of the City, unless otherwise approve d by the Township . No new land shall be annexed for industrial purposes, unless all land previ ously annexed for industrial purposes h as been substantially developed in accordance with the respective development agreement, or is in the process of development and is in compliance with the respective development agreement.

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9. The City 'will not annex any property within the Annexation Area until ther e are development proposal s for the property, except in the following circumstance : The City may annex property not included in a development proposal, provided the additional parcel(s) proposed for annexation is owned by not more than one property owner and is the only parcel(s) between the 2004 city limits and the property proposed for development and annexation . Property annexed in this way will be allowed to retain its current use as of the date of annexation, until the property is sold to a third party, development is proposed by the owner, or development takes place. Until sale or development, the tax b ase for the property will be based on the T ownship rate, and any special ass essments will be deferred until the property is either dev eloped or sold to a third party. 10. The Township w ill not file any objection with the MBA con cerning the City' s annexation of any land w ith the Annexation Area described abov e, so long as the annexati on complies with the terms and conditions of the Agreement.

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Com pr eh ens ive Plan an d Zonin g and Subdivision Regulations:

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I I. The City will revise the present Comprehensive Plan, and zoning and subdivision regulations to establish : (A) Zoning and subdivision ordinances and regulations to address areas t o be annexed; and

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(B)

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Criteria for development agreements.

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The City and Township agree to dev elop a joint policy for sharing the cost with respect to road maintenance and other improvements, which are adjacent to annexed areas which are serviced by township roads. 12. The Planning Commission and/or the City Council of the City ofDundas shall not modify, change, or alter in any way the Comprehensive Plan, zoning and/or subdivision regulations regarding industrial development, within the Annexation Area, witho ut th e consent of the Township Board. The Township Board may not unreasonably withhold its approv al if such change is based on reasonable cons iderations.

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Dundas Planning Commission:

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The City's Planning Commission w ill be exp an ded to seven (7) members, to include three ( 3 ) appointees from the T ownship. 13.

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(A) The Township Board will nominate memb ers to serve on the Planning Commission.

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The City will select Township memb ers from names submitted by the Township Board. The Board shall submit at le ast two (2) names for selection for each Planning Commission vacancy. (C) The expansion of the Planning Commission as set forth abov e shall take place no later than 30 days foll owing app roval of this Agreement, unless adjusted to meet the respective regular meeting schedu les of the Planning Commission an d City Council, or as mutually agreed.

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The City will amend its Ordinance regarding Planning Commission m embership, to incorporate th e above. In addition, the Ordin ance w ill be amended to pr o vi de that five (5) members w ill constitute a quorum, and that Pl anning Commission members will be app ointed to appropriate staggered terms, but will continue to serve at the discretion of the City Council . Pursuant to MN Statute 414. 0325, subd. 5, th e parties agree that the Planning Commission shall h av e the authority to exercise planning and land use control authority within th e Ann exation Area, said Commission to operate in the manner prescribed by MN Statute 471 .59, su bd. 2-8 inclusive. Said C ommission shall have planning, zoning and subdivision jurisdiction in the entire Annexation Area. If Rice County objects to th e Commission's zon ing control ov er th e Annexation Area, which is located outside of the incorporated area of the City, then the Township and the City shall each designate one of its Planning Commission members to serve as members of th e three-person governin g committee described in MN Statute 414. 0325, subd. 5. The City shall designate the zoning administrator for the Annexation Area. 14. If the City intends to annex a p arcel of prop erty within the Annexation Area, the City sh all, within 14 days of r eceipt of a p etition t o annex, submit to th e T own ship the following: (A)

The leg al descrip tion and a m ap of the property to be annexed;

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A description of the proposed use of said property ;

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A gen er al dev elopment pl an for the p arcel to be annexed,

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An estimate of the projected p opulation and number of households within

th e proposed d ev elopment in th e Annexation Ar ea; or

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(E) An estimate ofthe fair market value of the proposed commercial and/or industrial dev elopment in the Annexation Area.

(F) After th e comp letion of the Planning Commission review ofthe Proposed Development Plan, a statement by the Planning Commission regarding its preliminary recommendations as to the proposed development. 15. Upon receipt of submittals set forth in "A" through "D ", above, the Township will be prov ided 60 day s to comment on the proposed dev elopment concept including density and street layout in the area to be annexed.

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Tax Rebates to Bridgewater Township

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16. Upon annexation of any land p er this agreement, the Township shall not be entitled to receive tax revenue or rebates from the City until such time as the land is developed. When development occurs, and the improved property is fully assessed, to include the value of the devel opment improvements, the Township shall receive tax revenue rebates for a period often (10) years. The tax reb ate shall be equal to the Township's then current tax rate times th e tax capacity of the developed land for the year that the rebate is due . 17. The Township will participate (pro-rata) to assist development through public . participation; i.e., tax increment and/or tax abatement based on the followin g general terms and conditions :

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(A) The proj ect development agreement addresses the upgrade and maintenance of the public road system to meet the project's needs, and its impact on the regional transportation system (township ro ads only); and

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(B)

Thi s participation is at the discretion of the Township Board.

18. The Township w ill provide an annual accounting based on information provided by the County, and the Township Fiscal A dvisor. If the City wishes to challenge th e accounting, it may do so at its own expense. If there is an error in the Township request for payment, then the expense the City incurred to audit the Township request will be paid through a reduction offunds owed based on this Section of the agreement. The annual accounting shall also include an accounting of the use of the fund s from the tax rebate, which will be dedicated for road and bridge purp oses as set forth in paragraph 21 of this agreement.

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The tax payments due to the Township pursuant to this Agreement will be made within 30 days of receipt oftbe tax distribution from Rice County, or within 30 days of receipt by the City of the annual accounting and request for payment from the Township, whichever is later. In no event, shall any tax rebate be payable after the year 2043, or ten (10) years after the final development of any property that has been annexed based on this agreement, which ever comes last.

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Road Maintenance and Construction and Transportation Planning: 19. The Township shall continue its normal maintenance of existing Township roads, drainage facilities, and street signage for all properties within the Annexation Area until the property is annexed by the City. The City will work in cooperation with the County, M:nDOT and developers to 20. assure that new developments address: (A)

The transportation needs of the project;

(B) Impacts on City and/or Township roads that will need upgrade due to increased traffic or type of usage; and

(C) Compliance with the transportation system plan set forth in the Comprehensive Plan.

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21. The Township shall use and dedicate the in creased rebate in taxes between what it would have received if the property had not been annexed and the amount that it receives under provision 16 above, in its road and bridge account, to improve and/or maintain roadw ays affected by proposed annexations.

22 . The Township is en couraged to engage in a planning process by which land use control is established in the Town ship . The objectiv e woul d be to retain a harmonious relation ship between rural area land uses, particularly adjacent to the propo sed Annexation Area. In addition, the City encourages the Township to focus espec ially on lands adjacent to the CSAH 1 and railroad corridors, to encourage the highest and best land use over time. The City would like to participate in this process . The Township and the City are also encouraged to consider the merits of employing the zoning provisions of M:N Statute 462 .357 as a part of the p lanning process.

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Dispute Resolution and Amendment 23 .

Disp utes concerning this agreement shall be resolv ed as follows:

(A)

NEGOTIATION. Wh en a disagreement ov er interpretation of any provision of this agreem ent occurs, the City and T ow nship must meet at least once, at a mutually convenient time and place to attempt to resolve the dispute thr ough n egotiation. (B) :MEDIATION. When the p arties are un able to resolve a dispute, claim or counterclaim, or are unable to n egotiate an interpretation of any provision of thi s agreement, the p arti es may mutually agree in writing t o seek relief by submitting their respective grievances to non-binding mediation. (C) ADJUDICATI ON. When the parties are unable to resolve a dispute, claim or counterclaim, or are unable to negotiate an interpretation of any provisions of thi s agreement, or are unable to agree to submit their respective grievances to nonbinding m ediation, then either p arty may seek relief through initiation of an action in a court of competent jurisdiction. In additi on t o the remedies provide d for in thi s agreement and any other available remedies at law or equity, in the case ofa violation, default or breach of any provision of this agreem ent, the n on-violating, non-defaulting, non-breaching party may bring an action for specific p erformance to compel the p erformance of this agreement in accordance with its terms. If a court action is r equired, the court may reimburse the prevailing party for its reasonab le attorney's fees and costs .

General Terms and Provisions 24. This agreement may not b e modified, amended or altered except upon the written j oint resolution of the City and Township, duly executed an d adopted by the C ity Council an d T ownship Board of Supervisors, and fil ed with the MBA. Either party to this agreement may request an amendment. Requests for amendments will first be consid er ed by the Dundas Planning Commission. Its recommendatio n shall be forwarded to the Township Board and the City Council.

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The City and T ownship agree to meet j ointly annually to consider and discuss p ossible m odifications to this orderly Annexation Agreement.

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25. The terms, covenants, conditions and provision s of this agreement, including th e present and all future attachments, shall constitute the entire agreement between the parties, superseding all pri or agreements and negotiations, regarding the Annexation Area . There are no understandings, agreements or assumptions other than the 'written terms of this agreement. 26. This agreement shall be binding up on and benefit of the respective successors and assigns of the City and Township. Specifically, this agreement is binding upon the governmental entity that survives or is created by the T ownship 's action to merge, consolidate, detach, annex , reorganize or incorporate . 27. This agreement i s made pursuant to, and shall be construed in accordance w ith the laws of the State of Minnesota. In the event anyprovisi on of this agreement is determined or adjudge d to be unconstituti onal, inval id, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect. 28. Upon the filing of this Agreement and resolution with the MBA, the parties will not request any alteration of the boundaries of the land constituting the Annexation Area, or any change in the annexation of land not provided for in this agreement . The MB A may review and comment on the annexation resolution, but may not otherwise consider the resolution or alter the Annexation Area boundaries. Within thirty (30) days of receipt of an annexati on re solution adopted by the City, which complies with this Agreement, the MBA must order the annexation of th e area describ ed in the annexation resolution in accordance with the terms and conditions of this agreement. Lands ordered annexed pursuant to this agreement will not b e subject to any differential taxation as r eferenced in :MN Statutes 414.035 . Property taxes payable on annexed lan d shall continue to be paid to the Township for the entire year in which the annexation b ecomes effective. If the MBA's order approving the annexation becomes effective on or before A ugust 1'" of a levy year, the City may levy on the annexed area beginnin g w ith that same levy year. If th e MBA's order becomes effective after August 1'" of a levy year, the Township may continue to levy on the annexed area for that levy year. Th ereafter, property taxes on th e ann exed land must be paid to th e City. 29.

Termination of Orderly Annexation Agreement 3 O. This agreement shall terminate on December 3 1, 2033, or the date upon which all permitted ann exation ofland in the Annexation Area h as been completed, whichever occurs soon er.

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Notwithstanding the termination of this agreement, the following provision s shall remain binding and enforceable after the termination of the agreement for all properties annexed under th e terms of this agreement :

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(A)

Paragrap h 16 - Relating to tax rebates;

(B)

Paragraph 18 - Relating to annual accounting; and

(C)

Paragraph 21 -Relating to dedicated use oftax rebate funds.

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Binding Agreement, Director's Review No alteration of the areas set forth herein for orderly annexation, or their 31. boundaries is appropriate. The director may revi ew and comment, but not alter the boundaries. This Orderly Annexation A greement designates certain areas as in need of orderly 32. annexation, and provides the conditio ns for the annexation of those areas. The parties agree th at no consideration by the director is necessary, and th at therefore th e director may review, and comment, but sh all, within thirty (30) days of the submission of a petition for annexation in conformity with this Agreement, order annexation consistent with th e terms of this Orderly Annexation Agreement, and Resolutions submitted pursuant thereto. 33. This Agreement is a binding contract, and provides the exclusive procedures by which th e unincorp orated property identified in th e Agreement may be annexed to the City. The City sh all n ot annex property within the Annexation Area by any other procedure. 34. Th e City may n ot attempt annexation of any prop erty within the Township until 203 3, except as allow ed in this Agreement.

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ADOPTED BY THE B RIDGEWATER TO\VNSHIP BOARD OF SUPERVISORS ON THE tDA Y OF ~ , 2004.

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ATTESTED TO:

By : Its:

By: Board Chair

Its:

TownClerk

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ADOPTED BY THE D UNDA S CITY COUNCIL ON THE

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' 2004 .

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DAY OF

ATTESTED TO:

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By:

By:

yroJh Malech , Mayor

Susan

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yllo , City A

EX1IIBIT A LEGAL DESCRIPTION OF ANNEXATION AREA

The properties included in the annexation area, are legally described below.

Properties Included iiI the Annexati on Area of Bridgewater Township:

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All parcels and property lying within the SEY. of Section 9-111-20

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All parcels and p rop erty lying within Section 10-11 1-20, as follows:

3.

A.

TheNEY4

B.

TheNWY.

All parcels and p rop erty lying within Section 11-111-20, as follows: A.

All that p art ofthe N Y, ofthe l\TW'!41ying northwesterly ofthe center line of

County R oad 78 B.

All that part ofthe SY, of theNWY. lying northwesterly ofthe centerline of

County Ro ad 78

4.

All parcels and p roperty lying within Section 13-11 1-20, as follows: A.

The NY" exc epting: th ere from Parcels 07.2247 .000 and 07.2248.000, said exception described as follows: Tha tp art a/the NWIJ" a/theNWIJ" a/Section 13-111-20,whic h lies north and west a/County Ro ad 1

B.

The N'Iz o f the SYZ, lying westerly of County Road 22; ex cepting: therefrom the following parcels:

1.

Parcel 07.225 6.000, sai d exception described as follows: A piece ofland in the NEIIJ ofthe SE !4 of Section 13111-2 0 bounded and described asfallaws: Beg inning at a point where the south line of the },TEY> of the S OUTHEAST!4 of Section 13-111 -20 intersects the center of Rice Co unty Highway No. 22, lying easterly of the land herein described: Th ence running due west on said south line 959 feet; thence due north 493 feet; thence due east to the center line of said H ighway; thence southwesterly along the center line of said H ighway to the point ofbeginning

11.

Parcel 07.22 57.000, said exception describ ed as follows : A piece of land bound and des cribed as follows: Beginning at a point in the center of the Highway [County Road 22] lying east of the land hereby convey ed, 493fe et north ofthe south line ofthe "NE!4 of the SE!4 of Section 13-111-20; thence west 444 fe et; thence north 258 feet; thence east to the center of said County Highway 22; thencesouthwest along the center line ofsaidHighway to thepoint afbeginning; and that part ofthe N Ih ofthe SE!4 ofSection 13-111-20, Rice Co un ty, Minneso ta, described as follows : Commencing at a point on the center line of County H ighway (Road) No. 22, distant 493 feet north of (as measured at right angles) the south line ofsaidNEY. of said SE!4; thence N 89° 02' 57" IV, assumed bearing, parallel with the south line ofsaid "NE If. ofthe SE!4, a distance of 444 feet; thence N 0 0 57' 03" E, a distance of 258 f eet to the point of beg inning ofthe land to be descri bed: Thenc e N 0° 57' 03" E, a distance of52.06 fe et; thence N 88 0 as' 08" E, a distance of603.08feet to the center line of County Highway (Road) No . 22; thence S 25° 54 ' 26" W; along said center line a distance af 90.68 f eet to its intersection with a line that bears S 89 0 02 ' 57" E from the p oint of beg inning; thence N 89 0 02' 57" rr~ a distance of564. 08feet to he p oint ofbeginning

5.

All parcels and property lying within Section 14-111-20, as follows: A.

The SW Y., excepting therefrom Parcel 07.2377.001, said exception described as follows: Th e south 1,012fe et of the E lf< ofthe SWlf< in Section 14-111-2 0

B.

The NE'!4; excepting therefrom the Wendwood Addition, as described on the attached Exhibit C

C.

The SE'!4; excepting th erefrom: 1.

Parcel 07.236 7.000, said exception described as follows: The south 152.17 fe et of the north 382.17 fe et of the east 46feet of the SElf< of the SE lf.

ii.

Parcel 07 .2367.001 , said exception described as follows: The south 136. 66feet ofthe west 300feet ofthe WY> of the NElf< ofthe SEY. ; and the north 589.3 4 feet ofthe west 300 fee t ofthe SE lf< of the SElf.

ill.

Parcel 07.2367 .002, said excepti on described as follows: The SEY. of the SElf.; except the north 589.34 fe et of the west 300 fee t; and except the south 152.17 f eet of the north 382.17 feet ofthe east 46 fe et

IV .

Parcel 07.2371.000, said exception described as follows: The SWY. ofthe SEY. lying easterly ofthe west 871 fe et

v.

Parcel 07 .2370.000, said exception described as follo ws: The SJI, of the east 442 feet ofthe west 871 fee t of the SWY. ofthe SEY.

VI.

Parcel 07.2371.001, said exception described as follows: The NY, ofthe east 442feet of the west 871 fe et ofthe S W1,4 of the SE 1,4

vu,

Parcel 07.2378 .000, said exception described as follows: The south 1012.02feet ofthe west 429 feet of the S W1,4 ofthe SE1,4

6.

All parcels and property lying within Section 15-111-20, as follows: A.

The SWY<, exceptine: therefrom the followine: described parcels: The south 642. 28 f eet of the n orth 662.28feet ofthe SWY. of the S WY.lying easterly of County Road 8, and the north 528 f e e t ofthe S W1,4 of the SWl,4 lying westerly of County Road 8; and also excepting. the south 17.40 acres ofthe SW:4 ofthe SW:4 ly ing easterly of County Road 8; and also excepting. part ofthe SWY. ofthe SW1,4 beginning at the so uthwest corner ofthe SW1,4 ofthe SW1,4, thence northerly along the west line th e reof789. 67 f eet to apoint in a line 528 feet southerlyfro m an d parallel w ith the north line of the S W1,4 of the SW'14, thence N 89 0 42 ' 34" E 517.38 f eetto a p oint in the center line ofDundas Boulevard (County Road 8), thence S 32 035' 46 " W along the center line ofCounty Road 8 83O. 67f eet; thence so uthwesterly alo ng the center line of Co unty Road 8 on a cu rve concave southeasterly 101.97feet to apoint on the south line of the S W'14 of the SW1,4, thence S 89 044' 45" Walong said south line 10.83 fe et to the p oint ofbeginning

B.

7.

The SEY4 of Section 15

All parcels and property lying within Section 16-111-20, as follows: A.

TheNEY.

B.

The SEY4, except that part thereoflying southerly of 118th Street

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Exhibit B-1 City of Dundas/ Bridgewater Township Orderly Annexatio n

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Exhibit B-2 Parcel Map

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City of Dundas/ Bridgewater Township Orde rly Annexation

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EXHIBIT C DE SCRIPTI ON OF WENDVl OOD AD DITION All that part of the South Half of the Southeast quarter of section 11, Township 111 North, Range 20 West, lyin g southerly of the southerly ri ght of w ay line of County State Aid Highway No. 1 and w esterly ofthe centerline of the TOV111Ship Road, and the Northwest quarter ofthe Northeast quarter of Section 1 4, Township I I I North, Range 20 Vi est, and the We st One Third of th e N ortheast quarter of th e N ortheast quart er of Section 14, Township 111 North, Range 20 West described as: Beginning at the South qu arter comer of Section 11; thence North 0 degrees 10 minutes 31 seconds West (assumed bearing) along the North-South centerline of Section 11, a distance of 1172. 9 3 feet to the point of intersection of said N orth-South centerline with the southerly right of w ay line of County State Aid Highway No .1; thence South 64 degr ees 25 minutes 17 seconds East along said southerly right of way line, 549.49 feet; thence North 25 degrees 34 minutes 43 seconds East along said southerly ri ght of way line, 15.00 feet; thence South 64 degr ees 25 minutes 17 seconds East, along said southerly right of way line, 300 .00 feet; thence South 46 degrees 43 minutes 24 seconds East, along said southerly right of way line, 414.46 feet ; thence South 51 degrees 25 minutes 30 seconds East, along said southerly right of way line , 272.92 feet to the point of intersection of said southerly hi ghway right of way line with the centerline of the Township R oad; thence South 3 degrees 39 minutes 05 seconds East along said Township Road centerline, 175 .55 feet to the point of curvature of a circular curve to the left; thence along a 151.11 foot radius curv e (Central Angle = 40 degrees 00 minutes 00 sec onds), an arc distance of l05.49 feet to the point of tang ency; thence South 43 de grees 39 minutes 05 seco nds East alon g the tangent 27.73 feet to the point of curvatur e of a circular curve to the left; thence along a 249 .05 foot radius curve (Centr al Angle = 46 degrees 17 minutes 08 seconds), an arc distance of 201.1 9 feet to the point of tangency; thence South 89 degrees 56 minutes 13 secon ds Eas t along the tangent of said Township Road centerl ine the same being the North line of Section 14, a distance of 211 .10 feet to a point on the East line of the West One Third of the N ortheast qu arter of the Northeast qu arter of Sectio n 14; thence South 0 degrees 20 minutes 04 seconds East along said East line, 1318 .48 feet to a point on the South line ofthe No rtheast quarter of the Northeast quarter of Section 14; thence North 89 degr ees 29 minutes 18 seconds West along the South line of the North Hal f of the No rtheast quarter of Section 14, a distance of 1727. 55 feet to the Southwest comer of the N orthwest quarter ofthe Northeast quarter of Section 14; thence North 1 degrees 11 minutes 52 seconds Vi est along the No rth-South centerline of Section 14, a distance of 1305.23 feet to the point ofbeginning, excepting therefrom the North 264 feet of the East 300 feet of the W est One Third of the N ortheast quarter of th e Northeast quarter of section 14.

alon g the tan gent 27 .73 feet to the point of curvature of a circular curve to the left; thence along a 249.05 foot radiu s curve (Centr al Angle = 46 degrees 17 minutes 08 seconds), an arc distance of 20 1.19 feet to the point of tangency; thence South 89 degrees 56 minutes 13 seconds East along the tangent of said Township Road centerline the same being th e N orth line of Section 14, a distance of21 1.10 feet to a point on the East line of the West One Third of the N ortheast quarter of the Northeast quarter of Section 14 ; thence South 0 degrees 20 minutes 04 seconds East