The Town shall not take any action to remove acreage, or otherwise amend the boundaries of the Sewer Service Area in the City Growth Areas as defined by East Central or its successor organization.

City Covenants. The City agrees as follows concerning the City Growth Areas:

In general, the City will annex territory from City Growth Areas whenever orderly, planned development reasonably dictates that the land should be developed within the City. However, where developed land is presently contiguous to the City on several sides, the City will encourage annexation in order to eliminate problems associated with duplication of services, or difficulties in provision of services due to illogical municipal boundaries.

The City will only annex those lands from the City Growth Areas whose owners consent to said annexation. All annexations from the City Growth Areas to the City must comply with the then existing procedural requirements of the Wisconsin Statutes, except as otherwise provided for in this Agreement. In addition to the Town’s agreement not to challenge annexations as outlined in Section 2.2 above, the Town agrees not to raise any de minimis technical objection to an annexation by the City in the City Growth Area.

If a property owner owning land within the City Growth Areas submits a proper annexation petition, the City shall annex the subject territory within the then-current statutory deadline and, furthermore, the City shall extend sewer and water to the subject property within 12 months of the date of the annexation ordinance, provided sewer and water are contiguous to the subject property. For purposes of determining contiguity, road rights-of-way are not taken into consideration. The property owner and the Town are released from the development restrictions in Section 2.2 if the City fails to meet the above 12-month deadline. The 12-month deadline may be extended by agreement between the owner and the City.

Notwithstanding paragraph 2.3(b) above, the parties agree that any parcel not annexed from the City Growth Area that is assessed for services by the City pursuant to paragraph 2.2(h) shall be designated a Hybrid Area (blue)