HomeMy WebLinkAbout2002-08-26-Resolutions 02-123_Annexation - VariousTHE CITY OF WAUKEE,IOWA
RESOLUTION 02·123
APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY,INCLUDING
NON·CONSENTING PROPERTY,AND PROVIDING A TRANSITION FOR
THE IMPOSITION OF TAXES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,State ofIowa,is a duly organized municipal
corporation AND,
WHEREAS,the City of Waukee,Iowa has received Applications for Voluntary
Annexations from the property owners of certain real estate under the ownership of said
petitioners,located in Dallas County,Iowa,and shown on the map identified as Exhibit
"A"attached hereto and made a part hereof and legally described as follows:
EXHIBIT "B"
LEGAL DESCRIPTION
Charles Shaffer eta!.
Government Lot 15 and E y"of the SW y"and the West 3/8ths of the SE y"in Section 4 in
Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.
And also,
SE y"ofthe NE y"of Section 9,Township 78 North,Range 26 West of the 5th P.M.,
Dallas County,Iowa;EXCEPT 11 acres more or less for Interstate 80 ROW.
Bob and Dixie Schlarbaum,3233 Ashworth Road
The South One-fourth of the West One-half of the East One-half of the Southwest
Quarter (S 1/4 Wl12 El/2 SWl/4)of Section 4 in Township 78 North,Range 26 West of
the 5th P.M.,Dallas County,Iowa,EXCEPT the South 348.5 feet of the West 125.0 feet
of the Southeast Quarter of the Southwest Quarter (SEl/4 SW1/4)of Section 4,Township
78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,containing 1.0 acres,
more or less,AND EXCEPT Commencing at the Southwest Comer of the SE1I4 SW1/4
of said Section 4-78-26 West of the 5th P.M.,Dallas County,Iowa;thence N 83°33'18"
East,125.0 feet to the point of beginning,thence North 348.5 feet,thence S 83°33'18"
West,125.0 feet;thence North 311.1 feet;thence N 83°43'09"East,399.0 feet;thence
South 658.4 feet;thence S 83°33'18"West,274.1 feet to the Point of Beginning,
containing 5.01 acres more or less,including 0.38 acres of County road R.O.W.
Kenneth C.and Florence E.Booth,3219 Ashworth Road
Commencing as a point of reference at the South Quarter Comer (S Y.Cor.)of said
Section 4;thence South 83°59'00"West,(all bearings are referenced to Grid North Iowa
State Plane Coordinate System),a distance of 1,315.53 feet,along the South line of the
Southwest Quarter (SW Y.)of said Section 4,to the point of beginning;thence continuing
South 83°59'00"West,a distance of 154.48 feet,along said South line;thence NOIih
00°31 '45"East,a distance of 503.28 feet;thence North 83°59'00"East,a distance of
154.59 feet;thence South 00°32'30"West,a distance of 503.29 feet to the point of
beginning.Containing 1.77 acres,more or less,including 0.21 acres of roadway
easement.
KoryDean,3194 V Ave
That part of the Southwest Y.of the Southwest Y.of Section 4,Township 78 North,
Range 26 West ofthe 5th P.M.,Dallas County,Iowa,described as follows:Commencing
at the southwest comer of said Section 4;thence on an assumed bearing of North
00°00'00"East along the West line of said Southwest Y.276.59 feet;thence North
86°23 '50"East 30.06 feet to the east right of way line of Dallas County Highway;thence
South 00°00'00"West along said east right of way line 115.98 feet to the point of
beginning;thence North 86°57'51"East 136.55 feet;thence South 05°27'27"East 119.70
feet;thence South 83°27'46"West 98.91 feet;thence North 45°48'56"West 69.00 feet to
said east light of way line,thence North 00°00'00"East along said east right of way line
75.10 feet to the point of beginning.Said tract contains 0.38 acres more or less and is
subject to a Dallas County Highway easement over the southerly 0.05 acres thereof and is
subject to any encumbrances of record.
]
Dennis and Paula Hedlund,3250 Ashworth Road
A parcel ofland in the Northwest Quarter of the Northwest Quarter (NWY.NWY.)of
Section 9,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,
more particularly described as:Beginning at the Northeast corner ofthe NWY.NWY.of
Section 9,Township 78 North,Range 26 West of the 5th P.M.,thence along the east line
of said NWYi NWYi on an assumed bearing of South 00°00'00"East a distance of 500.00
feet;thence South 83°22'45"West 175.41 feet;thence North 00°00'00"East 500.00 feet
to the North line of said NWY.NWY.;thence along said north line,North 83 °22'45"East
175.41 feet to the Point of'Beginning,containing 2.000 acres,more or less and subject to
public road easement along the north side thereof;
And The East One-half ofthe Northwest Quarter of the Northwest Quarter (El/2 NWI/4
NWI/4)of Section 9,Township 78 NOIih,Range 26 West of the 5th P.M.,Dallas County,
Iowa,EXCEPT the West 8 rods of the North 40 rods thereof,and EXCEPT Beginning at
the Northeast corner ofthe Northwest Quarter of the Northwest Quarter of Section 9-78-
26,thence along the East line of said NW1I4 NWI/4 on an assumed bearing of South
00°00'00"East a distance of 500.00 feet,thence South 83°22'45"West 175.41 feet,
thence North 00°00'00"East 500.00 feet to the North line of said NW1I4 NWI/4,thence
along said North line,North 83°22'45"East 175.41 feet to the Point of Beginning,subject
to Easements and Roadways
Connie Newlin,3240 Ashworth Road
The West Half of the Northwest Quarter of the Northwest Quarter (W Y,NW Y.NW Y.)
of Section 9,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa
(Except Commencing at the Northeast Comer ofthe W Y2 of the NW Y.ofthe NW Y.of
Section 9-78-26,thence West 4 rods,thence South 40 rods,thence East 4 rods,thence
North 40 rods,to the point of beginning)(Also except Commencing at the Northwest
Corner of the W Y,NW Y.NW Y.Section 9-78-26,thence South 410 feet,thence East
170 feet,thence North 410 feet,thence West 170 feet to the point of beginning)(Also
Except Commencing at the Northwest Comer of Section 9-78-26,thence along the north
line of the NW Y.of said section on an assumed bearing ofN 83°22'45"E a distance of
170.00 feet to the Point of Beginning;thence continuing N 83°22'45"E 421.88 feet;
thence S 00°11 '05"W 410.00 feet;thence S 83°22'45"W 423.14 feet,thence N
00°21 '40"E 410.00 feet to the Point of Beginning)
Donna McCaw,3227 Ashworth Road
Commencing at the Southwest Comer of the Southeast Quarter of the Southwest Quarter
(SW Y.SW Y.)of Section 4,Township 78 North,Range 26 West of the 5th P.M.,Dallas
County,Iowa;thence N 83 degrees 33'18"East,125.0 feet to the Point of Beginning;
thence North,348.5 feet;thence S 83 degrees 33'18"West,125.0 feet;thence North
311.1 feet;thence N 83 degrees 43'09"East,399.0 feet;thence South 658.4 feet;thence
S 83 degrees 33'18"West,274.1 feet to the Point of Beginning,containing 5.01 acres
more or less.Above average includes 0.38 acres of County road R.O.W.
Neil Henderson,3223 Ashworth Road
The South 348.5 feet of the West 125.0 feet of the Southeast Quarter of the Southwest
Quarter (SE 1/4;SW 1/4)of Section 4,Township 78 North,Range 26 West of the 5th
P.M.,Dallas County,Iowa,containing 1.0 acres more or less.
Ben and Sharon Bascom,3224 Ashworth Road
A parcel ofland in the NW1/4 ofthe NW1/4 of Section 9,Township 78 North,Range 26
West of the 5th P.M.,Dallas County,Iowa,more particularly described as:
Commencing at the Northwest corner of Section 9,Township 78 North,Range 26 West
of the 5th P.M.,Dallas County,Iowa;thence along the north line ofthe NWI/4 of said
section on an assumed bearing of North 83°22'45"East a distance of 170.00 feet to the
point of beginning;thence continuing North 83°22'45"East 421.88 feet;thence South
00°11 '05"West 410.00 feet;thence South 83°22'54"West 423.14 feet;thence North
00°21 '40"East 410.00 feet;to the point of beginning,containing 3.948 acres,more or
less,including public highway,and 3.512 acres,more or less excluding public highway,
Ben and Sharon Bascom,3232 Ashworth Road
Commencing at the Northwest Comer of the East One-half (E 112)of the Northwest
Quarter (NW 1/4)of the Northwest Quarter (NW 1/4)of Section Nine (9),Township
Seventy-eight (78)North of Range Twenty-six (26)West of the 5th P.M.,Dallas County,
Iowa,thence South Forty (40)Rods,thence East Eight (8)Rods,thence North Forty (40)
Rods,thence West Eight (8)Rods to the point of beginning.
AND to,Commencing at the Northeast Comer of the West One-half (W 112)of the
Northwest Quarter (NW 1/4)of the Northwest Quarter (NW 1/4)of Section Nine (9),
Township Seventy-eight (78)North of Range Twenty-six (26)West of the 5th P.M.,
Dallas County,Iowa,thence West Four (4)Rods,thence South Forty (40)Rods,thence
East Four (4)Rods,thence North Forty (40)Rods to the point of beginning.
John and Jane Cunningham,3214 Ashworth Road
A strip of ground 135 feet wide and 410 feet long,beginning at the Northwest comer of
the 19.50 acres I own in the West Half of the Northwest Quarter of Section 9,Twp.78,
Range 26,West ofthe 5th P.M.,Dallas County,Iowa,135 feet east and west and 410 feet
north and south;
WHEREAS,Pursuant to Chapter 368,Code ofIowa,2001,territory comprising not
more than twenty percent of the land area has been included in the application without
the consent of the owners to create more uniform boundaries,and said properties are
shown on the aforementioned map identified as Exhibit "A"and legally described in the
aforementioned Exhibit "B";AND
]
WHEREAS,such property collectively adjoins the City as required by Chapter 368,
Code ofIowa,2001,AND,
WHEREAS,all notification has been carried out pursuant to Chapter 368,Code ofIowa,
2001,AND,
WHEREAS,it is in the best interests of the City and public that said property be
annexed to the City of Waukee,at this time,AND,
WHEREAS,the City Council's policy,pursuant to Section 368.7(2)of the Iowa Code,is
to provide a transition for the imposition of City taxes to properties taxed and utilized as
residential properties within an annexation area,AND,
WHEREAS,the following described properties are taxed and utilized as residential
properties,and are included in the area to be annexed under the Annexation Resolution:
EXHIBIT "C"
PROPERTIES TAXED AND UTILIZED AS RESIDENTIAL PROPERTIES
Charles Shaffer etal.
Government Lot 15 and E Y.of the SW Y.and the West 3/8ths ofthe SE Y.in Section 4 in
Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.
Bob and Dixie Schlarbaum,3233 Ashworth Road
The South One-fourth of the West One-half of the East One-half of the Southwest
Quarter (Sl/4 W1I2 El/2 SWl/4)of Section 4 in Township 78 North,Range 26 West of
the 5th P.M.,Dallas County,Iowa,EXCEPT the South 348.5 feet of the West 125.0 feet
of the Southeast Quarter of the Southwest Quarter (SEl/4 SWl/4)of Section 4,Township
78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,containing 1.0 acres,
more or less,AND EXCEPT Commencing at the Southwest Comer of the SEl/4 SWl/4
of said Section 4-78-26 West of the 5th P.M.,Dallas County,Iowa;thence N 83°33'18"
East,125.0 feet to the point of beginning,thence North 348.5 feet,thence S 83°33'18"
West,125.0 feet;thence North 311.1 feet;thence N 83°43'09"East,399.0 feet;thence
South 658.4 feet;thence S 83°33'18"West,274.1 feet to the Point of Beginning,
containing 5.01 acres more or less,including 0.38 acres ofCountyroadR.O.W.
Kenneth C.and Florence E.Booth,3219 Ashworth Road
Commencing as a point of reference at the South Quarter Comer (S Y.Cor.)of said
Section 4;thence South 83°59'00"West,(all bearings are referenced to Grid North Iowa
State Plane Coordinate System),a distance of 1,315.53 feet,along the South line ofthe
Southwest Quarter (SW Y.)of said Section 4,to the point of beginning;thence continuing
South 83°59'00"West,a distance of 154.48 feet,along said South line;thence North
00°31 '45"East,a distance of 503.28 feet;thence North 83°59'00"East,a distance of
154.59 feet;thence South 00°32'30"West,a distance of503.29 feet to the point of
beginning.Containing 1.77 acres,more or less,including 0.21 acres of roadway
easement.
KoryDean,3194 V Ave
That part of the Southwest Y.of the Southwest Y.of Section 4,Township 78 North,
Range 26 West ofthe 5th P.M.,Dallas County,Iowa,described as follows:Commencing
at the southwest corner of said Section 4;thence on an assumed bearing of North
00°00'00"East along the West line of said Southwest y"276.59 feet;thence North
86°23'50"East 30.06 feet to the east right of way line of Dallas County Highway;thence
South 00°00'00"West along said east right of way line 115.98 feet to the point of
beginning;thence North 86°57'51"East 136.55 feet;thence South 05°27'27"East 119.70
feet;thence South 83°27'46"West 98.91 feet;thence North 45°48'56"West 69.00 feet to
said east right of way line,thence North 00°00'00"East along said east right of way line
75.10 feet to the point of beginning.Said tract contains 0.38 acres more or less and is
subject to a Dallas County Highway easement over the southerly O.OSacres thereof and is
subject to any encumbrances of record.IDennisandPaulaHedlund,32S0 Ashworth Road
A parcel ofland in the Northwest Quarter of the Northwest Quarter (NWY.NWY.)of
Section 9,Township 78 North,Range 26 West of the SthP.M.,Dallas County,Iowa,
more particularly described as:Beginning at the Northeast comer ofthe NWY.NWY.of
Section 9,Township 78 North,Range 26 West of the SthP.M.,thence along the east line
of said NWY.NWY.on an assumed beating of South 00°00'00"East a distance of SOO.OO
feet;thence South 83°22'4S"West 17S.41 feet;thence North 00°00'00"East SOO.OOfeet
to the North line of said NWY.NWY.;thence along said north line,North 83°22'4S"East
17S.41 feet to the Point of Beginning,containing 2.000 acres,more or less and subject to
public road easement along the north side thereof;
And The East One-half of the Northwest Quarter ofthe Northwest Quarter (E1/2 NWl/4
NWl/4)of Section 9,Township 78 North,Range 26 West of the SthP.M.,Dallas County,
Iowa,EXCEPT the West 8 rods of the North 40 rods thereof,and EXCEPT Beginning at
the Northeast comer of the Northwest Quarter of the Northwest Quarter of Section 9-78-
26,thence along the East line of said NW1I4 NWl/4 on an assumed bearing of South
00°00'00"East a distance ofSOO.OOfeet,thence South 83°22'4S"West 17S.41 feet,
thence North 00°00'00"East SOO.OOfeet to the North line of said NWl/4 NWl/4,thence
along said North line,North 83°22'4S"East 17S.41 feet to the Point of Beginning,subject
to Easements and Roadways I
Connie Newlin,3240 Ashworth Road
The West Half of the Northwest Quarter of the Northwest Quarter (W y,NW Y.NW Yo)
of Section 9,Township 78 North,Range 26 West ofthe SthP.M.,Dallas County,Iowa
(Except Commencing at the Northeast Corner of the W Y,of the NW Y.ofthe NW Y.of
Section 9-78-26,thence West 4 rods,thence South 40 rods,thence East 4 rods,thence
North 40 rods,to the point of beginning)(Also except Commencing at the Northwest
Comer of the W Y,NW Y.NW Yo Section 9-78-26,thence South 410 feet,thence East
170 feet,thence North 410 feet,thence West 170 feet to the point of beginning)(Also
Except Commencing at the Northwest Comer of Section 9-78-26,thence along the north
line ofthe NW Yo of said section on an assumed bearing ofN 83°22'4S"E a distance of
170.00 feet to the Point of Beginning;thence continuing N 83"22'4S"E 421.88 feet;
thence S 00°11 'OS"W 410.00 feet;thence S 83°22'45"W 423.14 feet,thence N
00°21 '40"E 410.00 feet to the Point of Beginning)
Donna McCaw,3227 Ashworth Road
Commencing at the Southwest Comer of the Southeast Quarter of the Southwest Quarter
(SW Y.SW Yo)of Section 4,Township 78 North,Range 26 West of the 5th P.M.,Dallas
County,Iowa;thence N 83 degrees 33'18"East,125.0 feet to the Point ofBegitming;
thence North,348.5 feet;thence S 83 degrees 33'18"West,12S.0 feet;thence North I
311.1 feet;thence N 83 degrees 43'09"East,399.0 feet;thence South 658.4 feet;thence
S 83 degrees 33'18"West,274.1 feet to the Point of Beginning,containing 5.01 acres
more or less.Above average includes 0.38 acres of County road R.O.W.
Neil Henderson,3223 Ashworth Road
The South 348.5 feet of the West 125.0 feet of the Southeast Quarter of the Southwest
Quarter (SE 1/4;SW 1/4)of Section 4,Township 78 North,Range 26 West ofthe 5th
P.M.,Dallas County,Iowa,containing 1.0 acres more or less.
Ben and Sharon Bascom,3224 Ashworth Road
A parcel ofland in the NW1/4 of the NWl/4 of Section 9,Township 78 North,Range 26
West ofthe 5th P.M.,Dallas County,Iowa,more particularly described as:
Commencing at the Northwest comer of Section 9,Township 78 North,Range 26 West
of the 5th P.M.,Dallas County,Iowa;thence along the north line of the NW1/4 of said
section on an assumed bearing of North 83°22'45"East a distance of 170.00 feet to the
point of beginning;thence continuing North 83°22'45"East 421.88 feet;thence South
00°11 '05"West 410.00 feet;thence South 83°22'54"West 423.14 feet;thence North
00°21 '40"East 410.00 feet;to the point of beginning,containing 3.948 acres,more or
less,including public highway,and 3.512 acres,more or less excluding public highway.
Ben and Sharon Bascom,3232 Ashworth Road
Commencing at the Northwest Comer of the East One-half (E 112)of the Northwest
Quarter (NW 1/4)of the Northwest Quarter (NW 1/4)of Section Nine (9),Township
Seventy-eight (78)North of Range Twenty-six (26)West of the 5th P.M.,Dallas County,
Iowa,thence South Forty (40)Rods,thence East Eight (8)Rods,thence North Forty (40)
Rods,thence West Eight (8)Rods to the point of beginning.
AND to,Commencing at the Northeast Comer of the West One-half(W 1/2)of the
Northwest Quarter (NW 1/4)ofthe Northwest Quarter (NW 1/4)of Section Nine (9),
Township Seventy-eight (78)North of Range Twenty-six (26)West of the 5th P.M.,
Dallas County,Iowa,thence West Four (4)Rods,thence South Forty (40)Rods,thence
East Four (4)Rods,thence North Forty (40)Rods to the point of beginning.
John and Jane Cunningham,3214 Ashworth Road
A strip of ground 13 5 feet wide and 410 feet long,beginning at the Northwest comer of
the 19.50 acres I own in the West Half of the Northwest Quarter of Section 9,Twp.78,
Range 26,West ofthe 5th P.M.,Dallas County,Iowa,135 feet east and west and 410 feet
north and south;
WHEREAS,pursuant to the Annexation Policy and Section 368.7(2)of the Iowa Code,
it is appropriate to provide a transition for imposition of City taxes in accordance with the
following formula,as set forth in Section 427B.3(1-5)of the Code ofIowa:75%for the
first year,60%the second year,45%the third year,30%the fonrth year,and 15%the
fifth year.INOWTHEREFORE,the City Council of the City of Waukee does resolve as follows:
SECTION I.The Applications for Voluntary Annexation are hereby approved and said
properties described in Exhibit "B"shall be annexed to the City of Waukee,Iowa,in
accordance with Chapter 368,Code ofIowa,2001,and such property shall hereinafter
become and be part of the City of Waukee,Iowa.
SECTION 2.The Mayor and City Administrator/Clerk are hereby authorized and
directed to prepare and execute all documents necessary for this armexation and are
directed to file the same with the City Development BOaI'd as required by the Code of
Iowa.
SECTION 3.A transition for imposition of taxes shall be provided to the above-
described residential properties pursuant to the formula set forth in Section 427B.3(1-5)
of the Code ofIowa,2001 and shall be applied in the levy and collection only of City
taxes.
SECTION 4.This Resolution's transition for imposition oftaxes shall be effective upon
completion of armexation proceedings before the City Development Board;and
thereafter,the City Clerk is hereby directed to file a copy of this Resolution with the
Offices ofthe Dallas County Recorder,Auditor,Assessor and Treasurer.
Passed and adopted by the City Council on 26th a of August 200 .
Mark J.Arentsen,C'y Administrator/Clerk
ROLL CALL 0 E AYE NAY
Nicholas C.Gruber X
Don Bailey,Jr.X
Bill Peard X
Mike Watts X
Wayne Jolmson X
ABSENT
I