[HISTORY: Adopted by the Council of the City
of Breckenridge 7-16-1973 by Ord. No. 282. Amendments noted where
applicable.]
[Amended 11-3-1975 by Ord. No. 312; 11-20-1978 by Ord. No. 353; 11-5-1979 by Ord. No. 366; 2-7-2002 by Ord. No. 440]
All lands presently located within the City
limits of the City of Breckenridge in Wilkin County, Minnesota, are
hereby included in the Urban Service District of the City of Breckenridge
with the exception of the following described parcels which are hereby
found and determined to be rural in character and are therefore hereby
included in the Rural Service District of the City of Breckenridge:
A.
Parcel One: that part of Government Lot Two (2) in
Section Sixteen (16), Township One Hundred Thirty-two (132) North,
of Range Forty-seven (47) West, of the 5th Principal Meridian, described
as follows: Beginning at the Northeast corner of said Government Lot
Two (2); thence West along the North line of said Government Lot Two
(2) a distance of Sixty-six feet (66'); thence due South on an assumed
bearing and parallel with the East line of said Government Lot Two
(2), a distance of One Thousand One Hundred Nineteen and 93/100 feet
(1,119.93') to a point on the North bank of the Bois de Sioux River,
which point is the true point of beginning; thence South Seventy-one
degrees Fifty minutes West (S 71 50' W) Two Hundred Thirty-nine and
62/100 feet (239.62') to an iron monument on the bank of the Bois
de Sioux River; thence North Thirteen degrees Thirty minutes West
(N 13 30' W); Two Hundred Fourteen and 04/100 feet (214.04'); thence
North Sixty-five degrees Nine minutes East (N 65 09' E) Eighteen and
18/100 feet (18.18') to an iron monument; thence North Seventy-one
degrees Forty-five minutes East (N 71 45' E), Two Hundred Ninety and
27/100 feet (290.27'); thence due South Two Hundred Twenty-six and
93/100 feet (226.93') to the point of beginning.
B.
Parcel Two: Government Lots One (1) and Two (2) of
Section Sixteen (16) in Township One Hundred Thirty-two (132) North
of Range Forty-seven (47) West of the 5th Principal Meridian;
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excepting the easement to the City of Breckenridge,
for street purposes, more particularly described in that certain order
designating streets filed for record in the Office of the Register
of Deeds of Wilkin County, Minnesota, on April Twenty-second (22)
Nineteen Hundred Fourteen (1914) at one o'clock p.m. (1:00 p.m.) and
recorded in Book One Hundred Four (104) at page One Hundred Thirty-two
(132); and
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excepting the following described tract; Beginning
at a point on the north line of said Section at the Northeast corner
of Government Lot Two (2) in said Section, thence in a Southerly direction
along the East line of said Government Lot Two (2) a distance of Three
and One-half (3 1/2) rods, thence in a Westerly direction and
parallel to the North line of said Section a distance of Two Thousand
Seventy-two and 5/10 feet (2,072.5'), thence in a Southerly direction
and parallel to said East line of said Government Lot Two (2) a distance
of Five Hundred Forty-two and 75/100 feet (542.75'), thence in a Westerly
direction and parallel to said North line of said Section a distance
of Three Hundred Seventy-eight feet (378') more or less to the East
waters edge of the Bois de Sioux River, thence in a general Northerly
direction along said East waters edge of the Bois de Sioux River to
said North line of said Section, thence in an Easterly direction along
said North line of said Section to the point of beginning, according
to the United States Government survey of said Section and Government
Lots therein; and
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excepting the following described tract; Commencing
at the Northeast corner of said Government Lot Two (2), running thence
West along the North line of said Government Lot Two (2) a distance
of Sixty-six feet (66'), running thence South parallel with the East
line of said Government Lot Two (2), a distance of One Thousand One
Hundred Nineteen and 93/100 feet (1,119.93') to a point on the North
bank of the Bois de Sioux River, running thence South Seventy-one
degrees Fifty-one minutes West (S 71 51' W) a distance of Two Hundred
Fifty-four and 88/100 (254.88') to an iron monument on said North
bank of the Bois de Sioux River which is the point of beginning; running
thence South Sixty-two degrees Three minutes West (S 62 03' W) along
said North bank of said river a distance of Two Hundred Forty feet
(240') to an iron monument, running thence North Twenty-seven degrees
Fifty-seven minutes West (N 27 57' W) a distance of Two Hundred Twenty-three
feet (223') to an iron monument, running thence North Sixty-five degrees
Nine minutes East (N 65 09' E) a distance of Two Hundred Ninety-three
and 69/100 feet (293.69') to a point, running thence South Thirteen
degrees Thirty minutes East (S 13 30' E) a distance of Two Hundred
Fourteen and 04/100 feet (214.04') to said point of beginning; containing
One and 38/100 acres (1.38a) more or less; together with all riparian
rights to that part of said Bois de Sioux River adjacent thereto,
and
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excepting Parcel One (I) described above.
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C.
Parcel Three: all that part of Government Lot Two
(2) in Section Sixteen (16), Township One Hundred Thirty-two (132)
North, of Range Forty-seven (47) West, of the 5th Principal Meridian,
described as follows: Commencing at the Northeast corner of said Government
Lot Two (2), running thence West along the North line of said Government
Lot Two (2) a distance of Sixty-six feet (66'), running thence South
parallel with the East line of said Government Lot Two (2) a distance
of One Thousand One Hundred Nineteen and 93/100 feet (1,119.93') to
a point on the North bank of the Bois de Sioux River, running thence
South Seventy-one degrees Fifty-one minutes West (S 71 51' W) a distance
of Two Hundred Fifty-four and 88/100 feet (254.88') to an iron monument
on said North bank of the Bois de Sioux River which is the point of
beginning, running thence South Sixty-two degrees Three minutes West
(S 62 03' W) along said North bank of said river a distance of Two
Hundred Forty feet (240') to an iron monument, running thence North
Twenty-seven degrees Fifty-seven minutes West (N 27 57' W) a distance
of Two Hundred Twenty-three feet (223') to an iron monument, running
thence North Sixty-five degrees Nine minutes East (N 65 09' E) a distance
of Two Hundred Ninety-three and 69/100 feet (293.69') to a point,
running thence South Thirteen degrees Thirty minutes East (S 13 30'
E) a distance of Two Hundred Fourteen and 04/100 feet (214.04') to
said point of beginning; containing One and 38/100 acres (1.38a),
more or less; together with all riparian rights to that part of said
Bois de Sioux River adjacent thereto.
D.
Parcel Four: Government Lot Four (4) of Section Sixteen
(16) in Township One Hundred Thirty-two (132) North of Range Forty-seven
(47) West of the 5th Principal Meridian;
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excepting the following described tract: Commencing
at the North Quarter (N 1/4) Section corner of said Section Sixteen
(16) and running thence due East along the North line of said Section
Sixteen (16) a distance of Two Hundred Ninety-five feet (295'), thence
due South and parallel to the North and South Quarter (N & S 1/4)
Section line of said Section Sixteen (16) a distance of One Thousand
One Hundred Eleven and 36/100 feet (1,111.36'), thence South Fifty-two
degrees Twenty-nine minutes East (S 52 29' E) a distance of Eighty
feet (80'), thence South Forty-two degrees Thirty-eight minutes East
(S 42 38' E) a distance of Eighty feet (80'), thence South Twenty-nine
degrees Thirty-nine minutes East (S 29 39' E) a distance of One Hundred
Four feet (104') to an iron stake at the North line of said Government
Lot Four (4), thence South Six degrees Thirty minutes West (S 6 30'
W) a distance of Five Hundred Twenty-three and 5/10 feet (523.5')
to an iron stake which is the point of beginning, thence running due
East parallel to said North line of said Government Lot Four (4) a
distance of Three Hundred Four feet (304'), thence due South at right
angles to the last mentioned line a distance of Three Hundred Seven
feet (307'), thence West at right angles to the last mentioned line
a distance of Four Hundred Thirty-eight and 4/10 feet (438.4') to
the Easterly right of way line of Highway Fifty-seven (57), thence
North Twenty-six degrees Thirty-nine minutes East (N 26 39' E) along
said right of way line a distance of One Hundred Fifty and 7/10 feet
(150.7'), thence North Twenty-one degrees Fifteen minutes East (N
21 15' E) along said right of way line a distance of One Hundred Eighty-four
and 85/100 feet (184.85') to the point of beginning, containing Two
and 62/100 acres (2.62a), more or less.
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E.
Parcel Five: Southeast Quarter of the Northeast Quarter
(SE 1/4 NE 1/4) of Section Sixteen (16) in Township One Hundred Thirty-two
(132) North of Range Forty-seven (47) West of the 5th Principal Meridian.
F.
Parcel Six: Northeast Quarter of the Northeast Quarter
(NE 1/4 NE 1/4) and Government Lot Three (3) of Section Sixteen (16)
in Township One Hundred Thirty-two (132) North of Range Forty-seven
(47) West of the 5th Principal Meridian;
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excepting that part of Government Lot Three
(3) described as follows: Commencing at the Northwest (NW) corner
of said Government Lot Three (3); thence South along the West line
of said Government Lot Three (3) a distance of Nine Hundred Sixty-eight
and 71/100 feet (968.71'); thence South Twenty-eight degrees Forty-seven
minutes East (S 28 47' E) a distance of Forty feet (40'); thence South
Fifty-five degrees Zero minutes East (S 55 00' E) a distance of Forty-five
feet (45'); thence South Seventy-four degrees Eleven minutes Thirty
seconds East (S 74 11'30" E) a distance of One Hundred Eighty feet
(180'); thence South Sixty-three degrees Thirty-four minutes East
(S 63 34 E) a distance of Seventy-three and 31/100 feet (73.31');
thence North parallel to the West line of said Government Lot Three
(3) a distance of One Thousand One Hundred Eleven and 36/100 feet
(1,111.36'), more or less, to the North line of said Government Lot
Three (3); thence West along the North line of said Government Lot
Three (3), Two Hundred Ninety-five feet (295') to the point of beginning;
and
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also excepting that part of Government Lot Three
(3) described as follows: Commencing at the Northwest corner of said
Government Lot Three (3); thence East along the North line of said
Government Lot Three (3) a distance of Two Hundred Ninety-five feet
(295'); thence South parallel to the West line of said Government
Lot Three (3) a distance of Eight Hundred Sixteen and 36/100 feet
(816.36') to the true point of beginning; thence due South parallel
to said West line of Government Lot Three (3) a distance of Two Hundred
Ninety-five feet (295'); thence South Fifty-two degrees Twenty-nine
minutes East (S 52 29' E) a distance of Eighty feet (80'); thence
South Forty-two degrees Thirty-eight minutes East (S 42 38' E) a distance
of Eighty feet (80'); thence South Twenty-nine degrees Thirty-nine
minutes East (S 39 39' E) a distance of One Hundred Four feet (104')
to the South line of said Government Lot Three (3); thence East on
the South line of Government Lot Three (3) a distance of Two Hundred
Ninety-five feet (295'); thence due North One Hundred Ninety-eight
and 11/100 feet (198.11'); thence along a curve whose Delta angle
is Ninety degrees (90) left and whose tangent is Two Hundred Ninety-five
feet (295') a distance of Four Hundred Sixty-three and 57/100 feet
(463.57'); thence due West One Hundred Sixty-eight and 82/100 feet
(168.82') to the point of beginning.
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G.
Parcel Seven: That part of the north half (N 1/2)
of Section Four (4) in Township 132 North of Range 47 West of the
Fifth Principal Meridian, described as follows: Beginning at the center
of said Section Four (4); thence on an assumed bearing of north 88
13' 29" west and on the southerly line of the north half of said Section
Four (4) for a distance of 462.82 feet to the easterly right-of way
line of State Trunk Highway No. 75 per State Highway right-of-way
plat No. 84-3 as of public record in the office of the Register of
Deeds in and for Wilkin County; thence north 02 23' 20" east and on
the easterly line of last said right-of-way for a distance of 860.37
feet; thence continuing on the easterly line of said right-of-way
and on a bearing or North 04 21' 39" east for a distance of 1399 feet;
thence continuing on said right-of-way and along an arc having a radius
of 522.96 feet, central angle of 59 26' 42" for an arc distance of
460.43 feet to the easterly line of the northeast quarter of the northwest
quarter of said Section Four (4); thence north 02 02' 18" east and
on the last said easterly line of the northeast quarter of the northwest
quarter for a distance of 48.50 feet to the northerly line of said
Section Four (4); thence south 88 11' 16" east and on the northerly
line of said Section Four (4) for a distance of 665.88 feet to the
northeast corner of the west half of the west half of the northwest
quarter of said Section Four (4); thence South 02 01' 55" west on
the easterly line of said west half of the west half of the northeast
quarter for a distance of 2498.98 feet to the southerly line of said
northeast quarter thence north 88 13' 29" west of 666.15 feet to the
point of beginning, containing 62.0 acres, more or less, subject to
the rights of the public in State Trunk Highway 210.
H.
Parcel Eight:
(1)
All that part of the Southwest Quarter (SW 1/4) of
Section 34, Township 133 North, Range 47 West, of the Fifth Principal
Meridian, described as follows: Commencing at the southwest corner
of said Section 34, thence north along the west line of said Section
34 a distance of 394.47 feet to the point of beginning, thence south
89 58' 41" west a distance of 33 feet, thence south 64 32' 49" west
a distance of 550.41 feet, thence north 25 27' 11" west a distance
of 50 feet, thence north 64 32' 49" east a distance of 50 feet, thence
north 25 27' 11" west a distance of 554.30 feet, thence south 64 30'
52" west a distance of 137.45 feet, thence south 24 28' 39" west a
distance of 273.59 feet, thence beginning, containing 5.69 acres,
more or less.
(2)
It is hereby found and determined that the ratio which
exists between the benefits resulting from tax supported municipal
services to parcels of land of like and true value situated in the
Rural Service District and in the Urban Service District with respect
to the above-described property is 20% and 100%, respectively.
(3)
The City Council hereby finds that the above-described
property is rural in nature.
I.
Parcel Nine:
(1)
All that part of the fractional Northeast Quarter
of the Northwest Quarter (Fr. NE 1/4 NW 1/4) of Section Four (4) in
Township 132 North, of Range 47 West, of the Fifth Principal Meridian
in Wilkin County, Minnesota, lying west of Trunk Highway No. 75 and
described as follows, to-wit: Beginning at the northwest corner of
said fractional northeast quarter of the northwest quarter (Fr. NE
1/4 NW 1/4); running thence South along the west line of said fractional
northeast quarter of the northwest quarter (Fr. NE 1/4 NW 1/4) a distance
of 886.75 feet more or less to the north line of a certain tract conveyed
to Gordon D. Siemers and Alma M. Siemers by a certain warranty deed
dated January 14, 1975, and recorded January 21, 1975, in Book 235
of Deeds, Page 542, in the Office of the County Recorder of Wilkin
County, Minnesota; running thence east and along the north line of
said tract conveyed to Gordon D. Siemers and Alma M. Siemers a distance
of 318.75 feet more or less to the southwest corner of a certain tract
conveyed to the Interstate Broadcasting Corporation by a certain warranty
deed dated January 16, 1950, and recorded January 18, 1950, in Book
187 of Deeds, Page 323, in the Office of the County Recorder of Wilkin
County, Minnesota; running thence north and along the west line of
said tract conveyed to the Interstate Broadcasting Corporation a distance
of 400 feet to the northwest corner of said tract conveyed to the
Interstate Broadcasting Corporation; running thence east and along
the north line of said tract conveyed to the Interstate Broadcasting
Corporation a distance of 400 feet more or less to the westerly right-of-way
line of said Trunk Highway No. 75; running thence in a northerly direction
and along the westerly right-of-way line of said Trunk Highway No.
75 to the north line of said fractional northeast quarter of the northwest
quarter (Fr. NE 1/4 NW 1/4); running thence in a westerly direction
and along the north line of said fractional northeast quarter of the
northwest quarter (Fr. NE 1/4 NW 1/4) a distance of 653.84 feet more
or less to the point of beginning, subject to all easements of record
and all existing highways and highway right-of-way.
(2)
It is hereby found and determined that the ratio which
exists between the benefits resulting from tax supported municipal
services to parcels of land of like and true value situated in the
Rural Service District and in the Urban Service District with respect
to the above-described property is 20% and 100%, respectively.
(3)
The City Council hereby finds that the above-described
property is rural in nature.
J.
Parcel Ten:
(1)
All that part of the northwest quarter of the northwest
quarter (NW 1/4 NW 1/4) of Section 10, Township 132 North, of Range
47 West, of the Fifth Principal Meridian described as follows, to-wit:
commencing at the northwest corner of said Section 10; thence in an
easterly direction along the northerly line of said Section 10 a distance
of 1120 feet; thence in a southerly direction at right angles a distance
of 330.75 feet; thence in a westerly direction a distance of 1120
feet to the west line of said Section 10; thence in a northerly direction
a distance of 330.75 feet to the point of beginning.
(2)
It is hereby found and determined that the ratio which
exists between the benefits resulting from tax supported municipal
services to parcels of land of like and true value situated in the
Rural Service District and in the Urban Service District with respect
to the above-described property is 20% and 100% respectively.
(3)
The City Council hereby finds that the above-described
property is rural in nature.
The following described lands not presently
located within the City limits of the City of Breckenridge, Minnesota,
are rural in character and shall if annexed to the City of Breckenridge
be included in the Rural Service District of the City of Breckenridge,
Minnesota: all tracts or parcels of land lying and being in the County
of Wilkin and State of Minnesota, described as follows:
A.
Tract No. 1: all that portion of the Northeast Quarter
of the Southwest Quarter (NE 1/4 SW 1/4) of Section Ten (10) lying
south of the right-of-way of the Northern Pacific Railway and also
all that part of the Northwest Quarter of the Southeast Quarter (NW
1/4 SE 1/4) of Section Ten (10) lying south of the right-of-way of
the Northern Pacific Railway, all in Township One Hundred Thirty-two
(132) North, of Range Forty-seven (47) West, of the 5th Principal
Meridian.
B.
Tract No. 2: all that part of the Northwest Quarter
(NW 1/4) and that part of the Southwest Quarter of the Northeast Quarter
(SW 1/4 NE 1/4) of Section Ten (10) lying south and west of the Great
Northern Railway right-of-way as it is now laid out and established,
all in Township One Hundred Thirty-two (132) North, of Range Forty-seven
(47) West, of the 5th Principal Meridian.
C.
Tract No. 3: all that part of the Southwest Quarter
(SW 1/4) and that part of the Northwest Quarter of the Southeast Quarter
(NW 1/4 SE 1/4) of Section Ten (10) lying north of the right-of-way
of the Northern Pacific Railway Company as now laid out and established
and south and west of the Great Northern Railway Co. right-of-way
as now laid out and established, all in Township one Hundred Thirty-two
(132) North of Range Forty-seven (47) West, of the 5th Principal Meridian.
D.
Tract No. 4: all that part of the East Half of the
Southeast Quarter (E 1/2 SE 1/4) of the Northeast Quarter (NE 1/4)
of Section Nine (9) in Township One Hundred Thirty-two (132) North,
of Range Forty-seven (47). West, of the 5th Principal Meridian, known
before vacation of a part of the plat of the Town of Breckenridge
as Block Five Hundred Twenty (520) and part of Block Five Hundred
Thirty-nine (539) of said Town of Breckenridge, together with the
vacated portion of Thirteenth Street and Dacotah Avenue adjacent thereto,
to the center line thereof and that part of vacated Fourteenth Street
in said Town of Breckenridge lying between said Block Five Hundred
Twenty (520) and said Block Five Hundred Thirty-nine (539), and excepting
that part heretobefore conveyed for railway right-of-way purposes
by deed recorded in the Office of the Register of Deeds of Wilkin
County, Minnesota, in Book Sixty-six (66) of Deeds, page Five Hundred
Fifteen (515).
It is hereby found and determined that the ratio
which exists between the benefits resulting from tax supported municipal
services to parcels of land of like full and true value situated in
the Rural Service District and in the Urban Service District respectively
are as follows:
[Added 1-9-1978 by Ord. No. 342]
The following described property located within
the County of Wilkin, State of Minnesota, and currently classified,
pursuant to this chapter, as a Rural Service District property, be
and the same hereby is reclassified as Urban Service District property:
A.
Parcel One: all that part of Government Lot Three,
Section Sixteen, Township 132 North, Range 47 West of the Fifth Principal
Meridian, in the City of Breckenridge, Wilkin County, Minnesota, described
as follows: Beginning at an existing iron monument at the southeast
corner of Lot 7, Fourth South Side Addition to the City of Breckenridge,
Minnesota; thence on an assumed bearing of due south a distance of
126.36 feet; thence due east (adjust bearing of north 89 degrees 47
minutes 45 seconds east) a distance of 25.65 feet; thence south 40
degrees 19 minutes 54 seconds west a distance of 240.49 feet; thence
due west a distance of 148.60 feet; thence north 28 degrees 47 minutes
west (adjusted bearing of north 28 degrees 47 minutes 40 seconds west)
a distance of 34.04 feet; thence due north a distance of 278.71 feet
to the southwest corner of said Lot 7, Fourth South Side Addition
to the City of Breckenridge; thence north 89 degrees 47 minutes 45
seconds east on and along the south line of said Lot 7, Fourth South
Side Addition to the City of Breckenridge, Minnesota, a distance of
295.00 feet to the point of beginning.
B.
Parcel Two: all that part of the SE 1/4 of the NW
1/4 of Section 4, and that part of Auditor's Sublot A in Government
Lot 8 in said Section 4, all within Township 132 North, Range 47 West
of the Fifth Principal Meridian, in the City of Breckenridge, Wilkin
County, Minnesota, described as follows: Commencing at an existing
iron monument at the intersection of the East-West quarter line of
said Section 4 and the easterly right-of-way line of Trunk Highway
No. 75 as said lines are shown on State Highway right-of-way Plat
No. 84-3 on file and of record in the office of the County Recorder
in and for said Wilkin County; thence on an assumed bearing of South
2 degrees 23 minutes 20 seconds west on and along said easterly right-of-way
line a distance of 3.82 feet to its intersection with the easterly
extension of the existing center line of Wilkin Avenue and to the
point of beginning; thence North 2 degrees 23 minutes 20 seconds east
on and along said easterly right-of-way line of Trunk Highway No.
75 a distance of 310.17 feet; thence south 87 degrees 36 minutes 40
seconds east a distance of 352.88 feet; thence south 2 degrees 23
minutes 20 seconds west a distance of 330.63 feet to the northwesterly
limits of the certain tract acquired by the City of Breckenridge for
public use and described in the Certificate of Lands acquired by condemnation
dated April 10, 1947, and filed for record in the office of the County
Recorder (formerly Register of Deeds); thence south 77 degrees 34
minutes 31 seconds west on and along the above described northwesterly
limits of that certain tract acquired by the City of Breckenridge
a distance of 45.49 feet; thence north 0 degrees 55 minutes 40 seconds
east on and along the most easterly line of a certain tract described
and recorded in Book 230 on page 618 on file in said Office of the
County Recorder a distance of 39.94 feet; thence north 89 degrees
04 minutes 20 seconds west on and along the north line of the said
tract described and recorded in Book 230 on page 618, a distance of
307.38 feet to the point of beginning.
[Added 2-7-2002 by Ord.
No. 440; amended 5-7-2018 by Ord. No. 499]
The City Administrator or his/her designee shall
file a certified copy of this chapter and any amendments thereto with
the Wilkin County Auditor.
