HomeMy WebLinkAbout2023-07-17 Resolution 2023-312_Annexation, Waukee Commons LC, StanzykTHE CITY OF WAUKEE, IOWA
RESOLUTION 2023-312
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY —
WAUKEE COMMONS, LC & BARBARA S. STANZYK
WHEREAS, the City of Waukee, State of Iowa, is a duly organized municipal corporation, and;
WHEREAS, the City of Waukee, Iowa has received consent an Application for Voluntary
Annexation for property owned by Waukee Commons, LC and Barbara S. Stanzyk, which is
located east of T Avenue and approximately one mile south of Hickman Road (Highway 6),
within Dallas County, Iowa, and shown on the map identified as Exhibit "A" attached hereto and
made a part hereof and legally described as follows:
LEGAL DESCRIPTION
See Exhibit "B" attached hereto and made a part hereof.
WHEREAS, such property collectively adjoins the City as required by Chapter 368, Code of
Iowa, 2023, and;
WHEREAS, all required notification has been carried out pursuant to Chapter 368, code of
Iowa, 2023, and;
WHEREAS, a public hearing was held concerning annexation of consenting and non -consenting
properties on July 10, 2023, as required by law.
WHEREAS, following the public hearing, the City Council approved a resolution in favor of
annexation of consenting and non -consenting properties (Resolution 2023-288) and;
WHEREAS, the non -consenting property owner, Barbara Stanzyk, subsequently filed an
application for voluntary annexation;
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, this resolution shall replace Resolution 2023-288 as approved by the Waukee City
Council on July 10, 2023.
BE IT THEREFORE RESOLVED, by the City Council of the City of Waukee as follows:
SECTION 1. The Applications for Voluntary Annexation are hereby approved and said property
described in Exhibit "B" shall be annexed to the City of Waukee Iowa, in accordance with
Chapter 368, code of Iowa, 2023, and such property shall hereinafter become and be part of the
City of Waukee, Iowa.
SECTION 2. Tax transitioning of City taxes is hereby approved for property within the
annexation area, as authorized by Iowa Law, in the following percentages:
(a) In the first and second year following annexation of the Subject Property, the
Subject Property is taxed by City - 75% tax transitioning
(b) Third and Fourth year — 60% tax transitioning
(c) Fifth and Sixth year — 45% tax transitioning,
(d) Seventh and Eighth year - 30% tax transitioning
(e) Ninth and Tenth year —15% tax transitioning.
Tax transitioning shall only be authorized for each specific property annexed hereunder until
such property is rezoned from A-1 zoning to another City zoning classification.
SECTION 3. The Mayor and the City Clerk are hereby authorized and directed to prepare and
execute all documents necessary for this annexation and are directed to file the same as required
by the Code of Iowa.
Passed and adopted by the City Council on the 17th day of July 2023.
Attest: ¢,
tl�Amm a-(
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
Courtney Clarke, Mayor
NAY ABSENT
F:�
ABSTAIN
EXHIBIT A
MAP OF ANNEXATION AREA
o Proposed Annexation
!f ' 1//oukee
•- Consenting Properties
EXHIBIT B
LEGAL DESCRIPTION OF ANNEXATION AREA
Waukee Commons, LC Property (Consenting)
Parcel # 1501100001 and Parcel # 1501100009
GOVERNMENT LOTS THREE (3) AND FOUR (4) OF SECTION ONE (1), TOWNSHIP
SEVENTY-EIGHT (78) NORTH, RANGE TWENTY-SEVEN (27) WEST OF THE 5TH P.M.,
DALLAS COUNTY, IOWA
EXCEPTING THEREFROM A PARCEL OF LAND LYING IN GOVERNMENT LOT 3 IN
SECTION 1, TOWNSIIP 78 NORTH, RANGE 27 WEST OF THE 5TH PRINCIPAL
MERIDIAN, DALLAS COUNTY, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 78
NORTH RANGE 27 WEST OF THE 5''' PRINCIPAL MERIDIAN, THENCE, EAST
ALONG THE NORTH LINE OF SAID SECTION 1, 2142.9 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF SECTION 1,
155.57 FEET; THENCE SOUTH AT 90 DEGREES, 280.0 FEET; THENCE WEST AT
90 DEGREES, 155.57 FEET; THENCE NORTH AT 90 DEGREES, 280.0 FEET TO
THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINING
1.00 ACRES OF LAND WITH 0.12 ACRES BEING ROADWAY.
ALL OF THE ABOVE DESCRIBED PROPERTY CONTAINS 74.86 ACRES MORE OR LESS
Stanzyk Property (Consenting)
Parcel # 1501100008
A PARCEL OF LAND LYING IN GOVERNMENT LOT 3 IN SECTION 1, TOWNSHIP 78
NORTII, RANGE 27 WEST OF THE 5"' PRINCIPAL MERIDIAN, DALLAS COUNTY,
IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SECTION 1, TOWNSHIP 78 NORTH RANGE 27 WEST OF THE 5 "'' PRINCIPAL
MERIDIAN, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 1, 2142.9
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH
LINE OF SECTION 1, 155.57 FEET; THENCE SOUTH AT 90 DEGREES, 280.0 FEET;
"THENCE WEST AT 90 DEGREES, 155.57 FEET; TI IENCE NORTH AT 90 DEGREES, 280.0
FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL
CONTAINING 1.00 ACRES OF LAND WITI-1 .12 ACRES BEING ROADWAY.