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HomeMy WebLinkAbout2001-09-24-Resolutions 01-166_Annexation - VariousTHE CITY OF WAUKEE,IOWA RESOLUTION NO.01-166 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 of Iowa,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 nAn attached hereto and made a part hereof and legally described as follows: LEGAL DESCRIPTION EXHIBIT "B" James E.and Wanda M.Coons,3344 Ashworth Road,Waukee,Iowa 50263 Arthur J.Coons,310 S 11 th Street,Adel,Iowa 50003 Part of the Northeast Quarter ofthe Northwest Quarter (NE Y. NW Y.)of Section 10,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,described as follows: Commencing at the N Y.comer of said section 10,thence Westerly along the North line of said NE Y.NW Y.,40.36 feet; thence South,parallel to the East line of said NE Y.,NW Y., 60.54 feet,to the point of beginning;thence South 40 feet West of and parallel to the East line of said NE Y.NW Y.829.8 feet more or less to the North line of Interstate Highway 80;thence Southwesterly,along the North line ofI-80,657.4 feet;thence North,to the South line of Ashworth Road;thence Easterly, along the South line of Ashworth Road,542.93 feet to the point of beginning,said tract being the West 538 feet of the East 578 feet of the NE Y.NW Y.of said Section 10 lying North ofI-80 and South of Ashworth Road in Dallas County,Iowa,EXCEPT the West 269 feet ofthe East 578 feet of that part of Section 10-78-26,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. 1 William B.and Carolyn Chase,3350 Ashworth Road,Waukee,Iowa 50263 The Southwest Quarter of the Southeast Quarter (SW Y.SE Y.) of Section 3,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,EXCEPT Interstate 1-80 and I relocated North South Section Road and EXCEPT commencing at the Southwest comer of the Southeast Quarter (SE Y4)of said Section 3,thence North 10 rods,thence East 13 rods,thence South 10 rods,thence West 13 rods to the point of beginning,subj ect to established highways. The Northwest Quarter of the Northeast Quarter (NW Y.NE Y.) of Section 10,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,lying South of Ashworth Road and relocated Ashworth Road and North of Interstate 1-80,subject to established highways,EXCEPT a parcel ofland deeded from the State ofIowa to Charles S.Crook,Jr.,and Gertrude N.Crook,dated June 8,1978 and filed for record in the Dallas County Recorder's Office on June 15,1978 and recorded in Book 549,at Page 640. Robert E.and Kathie R.Carey,3340 Ashworth Road,Waukee,Iowa 50263 The West 269 feet of the East 578 feet of that part of Section 10,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. Dr.William G.and Mary M.Cross,3609 Brookview Dr.,West Des Moines, Iowa 50265 The Northeast Quarter of the Northwest Quarter (NE Y.NW Y.) of Section 10,Township 78 North,Range 26 West ofthe 5th P.M.,Dallas County,Iowa,lying South of Ashworth Road and North of Interstate 1-80,EXCEPT the East 578 feet thereof, and EXCEPT;Beginning at the Northwest Comer ofthe Northeast Quarter of the Northwest Quarter (NE Y.NW Y.)of Section 10,Township 78 North,Range 26 West ofthe 5th P.M., thence North 82031'East 480.00 feet along the North line of said section,thence South 00003'East 568.00 feet,thence South 82031'West 480.00 feet to the West line of the Northeast Quarter of the Northwest Quarter,thence North 00003'West 568.00 feet to the point of beginning;containing 15.32 acres including 0.37 acres of road right of way. The East half of the West half of the Southwest Quarter (E 1/2 W 1/2 SW 1/4),except the South 500.00 feet of the East half of the West half of the Southwest Quarter (E 1/2 W 1/2 SW 1/4) of Section 4,and North three-fourths of West Half of East Half of the Southwest Quarter (N 3/4 W 1/2 E 1/2 SW 1/4)of Section 4,Township 78 North,Range 26 West of the 5th Principal Meridian. WHEREAS,such property collectively adjoins the City as required by Chapter 368, Code oflowa,2001,AND, 1WHEREAS,all notification has been carried out pursuant to Chapter 368,Code of Iowa, 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,on March 20,2000,the City Council adopted a policy,pursuant to Section 368.7(2)of the Iowa Code,to provide a transition for the imposition of City taxes to properties taxed and utilized as residential properties within an annexation area (the "Annexation Policy"),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: PROPERTIES TAXED AND UTILIZED AS RESIDENTIAL PROPERTIES EXIllBIT "C" James E.and Wanda M.Coons,3344 Ashworth Road,Waukee,Iowa 50263 Arthur J.Coons,310 S 11t1'Street,Adel,Iowa 50003 Part of the Northeast Quarter of the Northwest Quarter (NE '/, NW '/,)of Section 10,Township 78 North,Range 26 West of the s"P.M.,Dallas County,Iowa,described as follows: Commencing at the N '/,comer of said section 10,thence Westerly along the North line of said NE '/,NW '/"40.36 feet; thence South,parallel to the East line of said NE '/"NW '/" 60.54 feet,to the point of beginning;thence South 40 feet West of and parallel to the East line of said NE '/,NW '/,829.8 feet more or less to the North line of Interstate Highway 80;thence Southwesterly,along the North line ofl-SO,657.4 feet;thence North,to the South line of Ashworth Road;thence Easterly, along the South line of Ashworth Road,542.93 feet to the point of beginning,said tract being the West 538 feet of the East 578 feet of the NE Y.NW '/,of said Section 10 lying North ofl-80 and South of Ashworth Road in Dallas County,Iowa,EXCEPT the West 269 feet of the East 578 feet of that part of Section 10-78-26,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. William B.and Carolyn Chase,3350 Ashworth Road,Waukee,Iowa 50263 The Southwest Quarter of the Southeast Quarter (SW '/,SE '/,) of Section 3,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,EXCEPT Interstate 1-80 and relocated North South Section Road and EXCEPT ) commencing at the Southwest comer of the Southeast Quarter (SE Y.)of said Section 3,thence North 10 rods,thence East 13 rods,thence South 10 rods,thence West 13 rods to the point of beginning,subject to established highways. Robert E.and Kathie R.Carey,3340 Ashworth Road,Waukee,Iowa 50263 The West 269 feet of the East 578 feet ofthat part of Section 10,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. 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(l-5)of the Code oflowa:75%for the first year,60%the second year,45%the third year,30%the fourth year,and 15%the fifth year. NOW THEREFORE,the City Council of the City of Waukee does resolve as follows: SECTION 1.The Applications for Voluntary Annexation are hereby approved and said properties described in Exhibit "B"shall be aunexed to the City of Waukee,Iowa,in accordance with Chapter 368,Code oflowa,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 annexation and are directed to file the same with the City Development Board as required by the Code of Iowa. SECTION 3.A transition for imposition of taxes shall be proved 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 of taxes shall be effective upon completion of annexation proceedings before the City Development Board;and thereafter,the City Clerk is hereby directed to file a copy ofthis Resolution with the Offices of the Dallas County Recorder,Auditor,Assessor and Treasurer. Passed and adopted by the City Council on sep~ Donald L.Bailey,Jr.,M~ ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYE NAY ABSENT X X X X X I ] )