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Home My WebLink About2026-07-06 Resolution 2026-278_Preannexation Agreement, Gerdis Joint Revocable TrustTHE CITY OF WAUKEE, IOWA RESOLUTION 2026-278 RESOLUTION APPROVING PREANNEXATION AGREEMENT WITH TIMOTHY AND DENISE GERDIS JOINT REVOCABLE TRUST (GERDIS PROPERTY) 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, Timothy and Denise Gerdis Joint Revocable Trust have submitted an Application for Voluntary Annexation with the understanding that the conditions set forth in the Pre -annexation Agreement, hereto attached, is approved by the Waukee City Council; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa in session this 6th day of July 2026 that the Preannexation Agreement between Timothy and Denise Gerdis Joint Revocable Trust and the City of Waukee, Iowa, be approved. Courtney larke Mayor Attest: Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson X Chris Crone X Rob Grove X Lori Lyon X Anna Bergman Pierce X 2026-12067 RECORDED: 07/08/ 2026 01:03:45 PM RECORDING FEE: $37.00 REVENUE TAX: $ RENAE ARNOLD, RECORDER DALLAS COUNTY, IOWA PREANNEXATION AGREEMENT Timothy and Denise Gerdis Joint Revocable Trust; City of Waukee, IA Recorder's Cover Sheet Preparer Information (name, address and phone number): Steven P. Brick Brick Gentry Law 6701 Westown Pkwy., Ste. 100 West Des Moines, IA 50266 Phone: (515) 274-1450 Bill/Return Document to (name and complete address): Rebecca D. Schuett City of Waukee 230 W. Hickman Rd. Waukee, IA 50263 Phone: (515) 978-7904 Legal Description: See Exhibit A Document or Instrument Number of Previously Recorded Documents: PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT ("Agreement") is made and entered into by and between Timothy and Denise Gerdis Joint 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. 1 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. 2 2026. IN WITNESS WHEREOF, this Agreement is made and executed this 41\ day of May By: Timot y and Denise er is Joint Revocable Trust Timothy and Denise Gerdis Joint Revocable Trust CITY OF WAU E ,JOWA By: Courtn 1 arke, Mayor Attest: (1/1/(4/14 3 Rebecca D. Schuett, City Clerk On this \ \ day of (;� , 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, per onally appeared i L. r J 1C i ► ; , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that these persons executed the instrument as the voluntary acts of the persons. < 4. DAWN YOUNG ' • �I 7 Mardi 9, 2029 Notary Public in and) for the U State of Iowa A 1,v On this \ day of MA , 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, perkonally appeared Ut L1K,C CACI t , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that these persons executed the instrument as the voluntary acts of the persons. ,y, DAWN YOUNG f I Commission Number 27 Expires My Commission March 9, 2029 L Notary Public in an State of Iowa r the STATE OF IOWA ) SS COUNTY OF DALLAS ) On this (af%l day of Tii , 2026, 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. „, 4k, STEPHANIE KLOCKE 411:-Nota Public in and for the State of Iowa Commission Number a7o922 D' MyrFc�bruar ry 1 Commission Mrs 4 EXHIBIT A Legal Description PIN: 1501100020 PARCEL '26-29' OF THE PLAT OF SURVEY RECORDED IN DOCUMENT NUMBER 2026-08112 AND MORE PARTICULALRY DESCRIBED AS: A PART OF THE IRREGULAR SHAPED TRACT OF LAND AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK A, PAGE 552, BEING A PART OF GOVERNMENT LOTS 13 AND 14 IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 14; THENCE NORTH 88'40'42" WEST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 14, A DISTANCE OF 630.91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 05`36'57" WEST, 813.27 FEET TO THE SOUTHERLY LINE OF SAID IRREGULAR SHAPED TRACT; THENCE NORTH 88'20'46" WEST ALONG SAID SOUTHERLY UNE, 600.54 FEET; THENCE NORTH 01'21'04" EAST ALONG SAID SOUTHERLY LINE, 109.78 FEET; THENCE NORTH 14'56'42" WEST, 726.82 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 13; THENCE SOUTH 88'40'42" EAST ALONG SAID NORTH UNE AND THE NORTH LINE OF SAID GOVERNMENT LOT 14, A DISTANCE OF 864.96 FEET TO THE POINT OF BEGINNING AND CONTAINING 13.35 ACRES (581,652 SQUARE FEET). THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD INCLUDING ROADWAY EASEMENT ALONG THE NORTH SIDE THEREOF. 5 EXHIBIT B: Map of Proposed Annexation Area 6