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Home My WebLink About2023-05-15 I01F_07 Preannexation Agr_McCoy Property AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 15, 2023 AGENDA ITEM: Consideration of approval of a resolution approving a pre-annexation agreement (McCoy Property). FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The property owners have signed a voluntary consent to annexation of their property located at 31380 Crosscreek Lane. As a part of the voluntary consent, the owners have requested a pre- annexation agreement which pertains to the existing use of their property and property taxes upon annexation. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the pre-annexation agreement. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Preannexation Agreement PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1F7 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING PREANNEXATION AGREEMENT [MICHAEL C & JOELLEN MCCOY] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Michael C. & JoEllen McCoy as Trustees of Michael C. & JoEllen McCoy Revocable Trust, submitted a preannexation agreement and application for voluntary annexation seeking Council approval of the annexation agreement and the Voluntary Annexation of their property to the City; AND, WHEREAS, the City Council having considered the preannexation agreement with Michael C. & JoEllen McCoy as Trustees of Michael C. & JoEllen McCoy Revocable Trust, finds that the same should be approved subject to the completion of the annexation of the property that is the subject of said agreement. BE IT THEREFORE RESOLVED that the preannexation agreement submitted for consideration by the City Council of the City of Waukee and executed by the property owner Michael C. & JoEllen McCoy as Trustees of Michael C. & JoEllen McCoy Revocable Trust, should be and the same is hereby approved subject to completion of the annexation of the property that is the subject of said agreement as contemplated therein. Passed by the City Council of the City of Waukee, Iowa, and approved the 15th day of May 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT (“Agreement”) is made and entered into by and between Michael C & JoEllen McCoy as Trustees of Michael C. & JoEllen McCoy Revocable Trust (the “Owner”), and the City of Waukee, Iowa (the “City”). WITNESSETH: WHEREAS, the Owner is the legal titleholder of certain real estate in unincorporated Dallas County, Iowa, legally described on Exhibit “A” attached hereto and incorporated by this reference herein. A map is attached depicting the land area and its relationship to the existing City limits for reference purposes as Exhibit “B”. Said real estate is hereinafter referred to as the “Subject Property.” WHEREAS, the Owner now desires to have the Subject Property voluntarily annexed to the City of Waukee, subject to certain conditions as hereinafter provided. WHEREAS, the City is in agreement that the conditions to be performed by the City as hereinafter provided shall become a binding obligation of the City upon the completion of the annexation of the Subject Property to the City; NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Subject Property will be brought into the City under the A-1 (Agricultural District) zoning classification. 2. Dwellings and appurtenant structures currently in existence on the Subject Property at the time of annexation, which may not conform to the current requirements of the City Code of Ordinances, shall be allowed to remain. However, no such structure which may be non-conforming under the current requirements of the City Code of Ordinances shall be enlarged or altered in a way which increases its non-conformity. Should such non- conforming structure be destroyed by any means to an extent of sixty (60) percent or more of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the current requirements of the City Code of Ordinances. 3. Owner will not be required by the City to connect to municipal utilities until the Owner formally request service from the City. The Owner may request connection to the municipal utilities upon approval of this Agreement and submittal of an Application for Voluntary Annexation if such municipal utilities are available. Upon any such connection to any such municipal utilities, the Owner shall be responsible for all costs associated with connecting to the municipal utilities including any connection fees established. 2 4. Owner will be entitled to tax transitioning as authorized under the Code of Iowa to assist in making the transition from Dallas County to the City of Waukee. The tax transitioning progresses as follows: (a) In the first year the Subject Property is taxed by City – 75% abatement (b) Second year – 75% abatement (c) Third year – 60% abatement (d) Fourth year – 60% abatement (e) Fifth year – 45% abatement (f) Sixth year – 45% abatement (g) Seventh year – 30% abatement (h) Eighth year – 30% abatement (i) Ninth year – 15% abatement (j) Tenth year – 15% abatement WHEREAS, it is understood and agreed that the Owner will file an Application for Voluntary Annexation of the Subject Property subject to the conditions set forth in this Pre- annexation Agreement. All provisions set forth above shall survive the annexation of Subject Property and shall thereafter be binding on the City and Owner. In the event that the annexation of the Subject Property is not approved in a final unappealable decision, this agreement shall be null and void. This Agreement shall be binding on and shall inure to the benefit of all successors, assigns and grantees of the City and Owner. If the Owner requests and is connected to municipal utilities prior to completion of the annexation of the Property, the Owner, its successors and assigns cannot withdraw the Application for Voluntary Annexation. 3 IN WITNESS WHEREOF, this Agreement is made and executed this ______ day of May 2023 By: __________________________________ Michael C & JoEllen McCoy as Trustees of Michael C. & JoEllen McCoy Revocable Trust CITY OF WAUKEE , IOWA By: ____________________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk 4 STATE OF IOWA ) ) SS COUNTY OF ) On this _____ day of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared ____________________, to me personally known, who being by me duly sworn, did say that that person is ______________________ of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that ___________________ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. ______________________________ Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee, by it and by them voluntarily executed. ______________________________ Notary Public in and for the State of Iowa 5 EXHIBIT A Legal Description LOT 5 IN SUGAR CREEK ACRES, AN OFFICAL PLAT IN DALLAS COUNTY, IOWA, AS SHOWN IN BOOK 8, PAGE 95 IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY, IOWA. Parcel # 1605326006 6 EXHIBIT B: Map of Proposed Annexation Area