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cC <br />AGREEMENT <br />(DETACHMENT AND ANNEXATION OF <br />This Agreement, made and entered into <br />, 1995, by and between the CITY <br />Elmo"}, and the CITY OF OAKDALE ("Oakdale") <br />"cities"; <br />LAND) £ ��� � ram• ;+ ��• <br />this <br />._ <br />OF • e <br />jointly called the <br />WITNESSET% TEAT: <br />WHEREAS, the Cities share a common boundary; and <br />WHEREAS, OWNERS of real property located in the West 1/2 <br />Section 33, Township 29 North, Range 21 West, Washington County, <br />Minnesota, have petitioned the Minnesota Municipal Board for <br />detachment of their property from Lake Elmo and its annexation to <br />Oakdale and <br />WUF�, .EAS, it is in the best interests of the cities to settle <br />the maFter of their common boundary from Washington County Road 10, <br />South to Interstate No. 94; and <br />WHEREAS, the cities have other mutual concerns, regarding <br />sanitary sewer allocations, the locations of the MUSA line, and the <br />availability of water service to parts of Lake Elmo by Oakdale. <br />NOW THEREFORE, for and in consideration of the foregoing and <br />the Covenants and Agreements herein contained, the parties hereto <br />do hereby AGREE as follows: <br />1. Oakdale has approximately 37,000 gallons of sanitary <br />sewer capacity that it will permanently transfer to Lake <br />Elmo. This excess capacity is a result of the proposed <br />golf course to be constructed in Section 33, Township 29 <br />North, Range 21 West, Washington County, Minnesota, and <br />not developed for residential use. The exact amount of <br />the excess capacity will be known when the Metropolitan <br />Council approves Oakdale plan for the golf course. <br />2. Oakdale will lend another 55,000 gallons of sanitary <br />sewer capacity to Lake Elmo until such time Oakdale needs <br />the same. <br />3. Both cities agree to a joint application to the <br />Metropolitan Council to remove the restrictions in the <br />WONE interceptor downstream which will increase t'r_e <br />capacity of the sewer and result in additional server <br />capacity to each city. The increased capacity to be <br />determined by the Metropolitan Council. <br />4. Both cities agree to a joint or parallel construction <br />project for the sanitary sewer pipes, the cost of said <br />project to be fairly and equitably distributed. Both <br />